OT: Eviction

[hydrahawk]

I got a question for all the landlords out there. I am renting a house and my name is on the lease. I've rented out another bedroom to some guy. Now the lease is up on the 8th of this month. I have to give my landlord the keys to the house...but this dush won't leave. He signed a contract with me for the term of the contract (12/8/07). He did not give me a deposit (my fault!) and owes me money. What is my legal action? Should I let the landlord deal with him? Should I expect to see my deposit back from the landlord? I really want to throw his crap in the driveway and change the lock on him, but I think I will get sued. Help, I am in dire strait.

[Bebo77]

if your name is on the lease and not his.. its your problem...

if he wont leave you can just leave him and the landlord will evict him...


but good luck getting money from the guy now that he has less than a week left....

[JOSE CASAS]

Thanks Gabe i was thinking the same but to lazy to write it

[faded1004]

abotu the money, make sure to get his personal info from anywhere... try to keep all teh documents. you can take him to small claims? it won't be fast, but there are ways to get it?

i am in the process of one... it sucks... but can't wait until i get to acess it bank accounts and also take a percentage of his paycheck! hahahahahhaha... so evil...

levy: bank thing
forgot the name of the paycheck thing

[GinaSofia]

Locking him out &/or tossing his stuff out = unlawful eviction.

Your lease probably has a clause in it that does not allow you sub-lease any portion of the property but since you did,he's your problem now.

If you vacate and leave him behind the property owner will then evict him but the eviction will also be in your name and on YOUR credit report.Further,the property owner can then get a judgement against you for all damages($$$) including unpaid rent,attorney and court costs...your wages can then be attached.

You may want to offer this guy(roomate) some money to split.The minute he hands over his keys to you,you are entitled to change the locks as he's relinquished his rights to the property.

Good luck.

[EmDy]

Originally posted by faded1004

forgot the name of the paycheck thing

wages garnishment.

[SteveOhh]

Exactly what she said...........^^

I'm almost positive that your lease states you are not allowed to sub-lease any part of the premises w/o the landlord's consent.

I'd somehow convince him to leave...........Seeing how you already are in violation of your lease, I'm sure you have no legal grounds to stand on against him. If you had gotten the landlord's permission, you could issue him an eviction order, but I wouldn't recommend that now. It may backfire on you & ruin your credit & your ability to rent another property.

Good Luck!!!

[SteveOhh]

He can't take him to small claims because he illegally sub-leased the property to him. No court is going to award you a judgement based on an illegal act that you committed. Basically what I'm saying is the sub-lease will not hold up in court due to it being illegal.

[saltyreefguy]

why don't you make him sign a promissory note on money that he owes you, but not mention it what is for, then you can take him to small claims, and make it like its just money loaned.

[Bebo77]

yeah Gina knows.. she evicts people every month... hugh Gina.. hahahah

[SteveOhh]

Promisory note won't work.......................it won't hold up in court, because the initial sub-lease, for which he is owed money, was unauthorized.

Looks like the only way you're gonna get the money that's owed to you is to take it out of his $#@. It's not legal, but it's know to be very effective...

[xtm]

Put a dead Xenia, turbo snail, and skimmate under his bed. That'll make him leave pronto.

[GinaSofia]

Originally posted by Bebo77
yeah Gina knows.. she evicts people every month... hugh Gina.. hahahah

Actually,it's not my call but unfortunately I do have to evict people several times a year.

It's the worst part of my job..we just had a lock-out today for a really nice guy who had a heart attack(twice) and was behind on his rent

[SteveOhh]

Ouch......................

My boss (I work for a Property Mgmt Co) is a pushover when tenants start crying to him. I was going over a tenant's file on Tenant Pro the other day & the guy owed us $3700 in back rent & late charges. I asked him "Why is this guy still one of our tenants?"...................Boss went into this sob story........

We'll end up evicting the guy ..............I mean if he can't pay his rent, how's he gonna pay back rent??

[JenDub]

How much does he owe you? Is it worth calling it even if he gets his stuff out?

[MrSandman]

Why not just make life for him there miserable? Cook up some stinky fish every night, eat lots of beans, and play really loud techno music. What would happen if you had the electric company shut off all service to the house? Then go rent a generator and use it to power just your part of the house. Or warn him that you will have all utilities shut off on the final day of his contract and he'll be out of luck. Why not "accidentally" leave your RO/DI unit running and flood his room only? I'm sure there are many ways he can be coaxed out of the house if he won't leave willingly. Just cross your fingers and hope that he doesn't start vandalizing the place. Of course, i would only resort to this after exhausting all attempts to resolve the issue amicably. Just a thought.

[ReefLife1680]

SteveOhh ... I think you presume that the lease agreement actually has that clause. It's a good presumption but I have seen, shockingly enough, lease agreements that actually omit such a clause ... just my $.02

hydrahawk ... you are going to have to carefully read your lease to determine what your rights are at this point.

ME PERSONALLY, I would do what MrSandman said ... hehehehehe ... IGNORANCE is never a valid defense for violation of the law but no one ever said 'ACCIDENTS' wouldn't happen

[chainsaw5vent]

dang! roommates that are not responsible persons are not worth our time. i actually sold my first house many years ago because i was tired of my roommate and wasn't mean enough to tell him to get lost! (made california $$$ though )

then at my next house i had on different occasions a roomie who didn't have a clue on bathroom cleaning (i think he let his friends use mine in the master b/r) i had to buy him some cleaning supplies and hand them to him. HINT HINT!! and the last roommate since he started to live the crazy life again and it was beginning to creep into the security and safety of my house/life (i wanted to install gun turrets ala HALO 2 ) i did change the locks on that guy. my house my rules. when his friends began to steal my .....and he was waaaaay behind in rent to me and car payments to common friend, those were the final straws.
that was back in '96/97.

so hydrahawk. i hope you can come to a easy resolution w/o any bloodshed.

[SteveOhh]

LOL......................if you flood his room, do you think you won't do carpet damage??? And seeing your name is on the lease, who do you think will be charged for that???

If you do go the commando route, don't damage any part of the unit. You will be charged for that.....................

[hydrahawk]

Well, I looked the the lease and it said without the prior written consent of Lessor, I cannot sublet the property. But the Landlord did give us oral consent on subleasing a room for short term (back in August). I don't know will that hold water.

I will try to reason with him. If that fails, I am throwing his stuff in the backyard, change the locks, and turn off power, water, and gas by next Monday (I will feel sorry for his dog but it is either him or me). If he can find me, he can sue me. He doesn't have any of my info. I have done many favors for this guy, I should of cut him off a long time ago. By the way, he owes me $350.

[MrSandman]

Originally posted by SteveOhh
LOL......................if you flood his room, do you think you won't do carpet damage??? And seeing your name is on the lease, who do you think will be charged for that???

If you do go the commando route, don't damage any part of the unit. You will be charged for that.....................

When i was in college i flooded the carpet MANY times with DI water. The carpet actually ended up being cleaner as a result!

Now flooding with saltwater...that would cause damage. But yeah...either way would be quite extreme. Carpet is cheap and replaceable and depending on what is stated in your contract and what the current state of the carpet is, he may end up having to pay replacement costs for it anyways. I would definitely be willing to sacrifice a few hundred dollars for carpet replacement versus having my credit destroyed. JMO.

[SteveOhh]

If you flood a room w/ water, you not only soak the carpet, but the padding as well. The carpet will dry out, but if you don't remove the carpet & dry out the padding as well, the padding will grow mold & stink the entire place up.

There's also a thing called intentional damage. If a court finds you intentionally damaged your rental unit, you will be responsible and believe me, the owner will go after you with both guns blazing.

It's good you got a verbal agreement w/ the landlord, however, it should have been in writing. What are the odds that if this ends up in court, the owner forgets about the verbal agreement.

[hydrahawk]

His room has wood tiles, I don't think flooding the room will help. Throwing his stuff out and locking him out will.

[savethereef]

Do what i did with my room mate. We had a verbal agrement also and he was late on his rent two months and was always locked up in his room on the computer running up the bill. So one day i just change the lock on the door left a note on the door you want your stuff pay me my money. He paid me the $1000 in back rent in less than a week because i had his really expensive Alien Computer and DJ equipment hehe sometimes you just need leverage

[gtrestoration]

Originally posted by hydrahawk
By the way, he owes me $350.

That would have paid my half of the rent on my first shared apartment for 8-3/4 months.




SteveU