Kicking Out Roommates.

[SimplexCoda]

Ok so I let this guy move into my house. Things were well till i told him that I would rather live with someoen else. Then HE got all childish and played his music at all hours, things started breaking. So he agreed to pay damages then asked how much rent was for ten days so he wrotne a check for that amount (smaller than the damages) and never paid me for the damages. That was on the first. So my landlord and I have decided to count that check as damges and not rent. This makes him 5 days late. It'e third time he has been late on his rent. So today I told him he has to be out today. Sound fair? Also since I told him his stuff has to be gone todayhe took some clothes and left about 3 hours ago. Hasnt come back since so if he doesnt come back then tomorrow his stuff is going in the garage, which is what my landlord told me to do in the first place. Also sound fair? Also anyone else ever kick people out?

[Johnny_D]

Phew....

Is this a formal agreement between you, or a mate staying on a sofa?

either way they may have rights - and right to fair notice... Find out which is which and ensure you comply with any responsibilities, either contracted or implied.

JD

[r1v3th3ad]

you gotta look into tenant laws a bit on this, to be safe. if he was on the lease, or even just with paying rent, there is a code of action for getting rid of him, I have no idea what it is. Watch some court tv...they cover this a lot with situations when former roommates are sueing each other or a landlord and tenant are sueing each other...I dont know policy when rent is late, but without that, you have to give them x weeks, I think its 30 days really...
but ya, do some double checking, all the information is online...that is if you are worried about him taking some sort of legal action, or if you decide to. There is a window you have to wait, more than a day, until you can throw his stuff out.

hope this helps

[SimplexCoda]

Well my dad owns a bunch of rent houses. I have seen some people evicted in my day. He is not on lease. Also in New Mexico you dont have to give them 30 days. Whatever is on the lease. MY dads says on his leases 24 hours, but usually is nice enough to give them 5 days. But im not worried about him trying to do come back with the law. First of all he doesnt think about htings like that. Second of all i know his parents sorta and they would be more pissed that he broke something than he got kicked out. THey pay all his bills so.

[Ralleac]

So he agreed to pay damages then asked how much rent was for ten days so he wrotne a check for that amount (smaller than the damages) and never paid me for the damages. That was on the first. So my landlord and I have decided to count that check as damges and not rent. This makes him 5 days late. It'e third time he has been late on his rent. So today I told him he has to be out today. Sound fair? Also since I told him his stuff has to be gone todayhe took some clothes and left about 3 hours ago. Hasnt come back since so if he doesnt come back then tomorrow his stuff is going in the garage, which is what my landlord told me to do in the first place. Also sound fair? Also anyone else ever kick people out?

Well, I don't think your landlord can technically decide to take the check for damages as opposed to rent. Heck, I'm not even allowed to write multiple checks to pay my rent. It all has to be very specific under the agreement.

However, since your landlord and rent is involved you'd probably need to file for an eviction so you can cover your ass.

I gave my friends 21 days (could've been immediate, but this is more as a final show of kindness) to move out of my apartment. They've been here as guests for 7 months, which is 3 months longer than I'd initially agreed to allow them to stay. I didn't bother evicting them since they aren't on a lease, never paid rent, don't have keys, receive mail at other addresses, and in general don't have any physical proof that they've been living here for any length of time. Edited May 5, 2008 by Ralleac

[SimplexCoda]

Eh its all fine. He and his dad are here moving his stuff out right now and neither one is saying anything to me. Im not worried.

[Canon]

id say do a garage sell and get your money back for the damages.

[chromecarz00]

Ill bring my shotty...

[thecoalition]

check the lease with the landlord before taking any more precautions. in my girlfriend and my lease, if we were to split and one had to leave, we have to give the other time to find another place and/or a replacement roommate. at the same time the person leaving needs to continue paying for all utilities and what nots until the deal is done.

[SimplexCoda]

Oh no worries he's moved out and his dad talked to me and wasnt pissed. And I already have someone else living in my house. Im popular like that.