[spicetigeress]

I was working with a guy whom about 7 months later got fired from his job where I work. He eventually found a job where he gets paid under the table, he asked me if he could move in but the problem was he couldn't pay a security deposit nor rent monthly. He agreed if I let him move in he would pay $50.00 per week. Eventually I had to bring the rent up to $64.00 weekly because in one month my electric went from $110.00 per month to $198.00 monthly. He has full use of washer/dryer/internet/kitchen appliences/dishes/cookware/TV/livingroom/ and has his own bedroom. I orig. was asking $275.00 so he was paying much less then asked.

Anyway, he is behind on his rent payment by $128.00 (two weeks), The roomie found an IPOD my ex boyfriend left behind tha I planned to possibly sell off to recoupe money lost ou tht the ex never paid me....the roomie asked if he could have it and I said NO but if he got it charged (no charging cord was left with the ipod) we would talk about me selling it to him. A few months later he claims he paid $40.00 to get it fixed and since I wanted 50 bucks for it he only owed me $10.00. I never agreed to sell it to him and I didn't know he paid to get it fixed. He said I did too know cause I was near him when he was making the call. So, I told him to turn the IPOD over and I'd give him $40.00 credit for the repairing of it if he can prove he got it fixed and how much he paid for it.

By this Friday he will owe me $192.00 and I told him I was tired of having to run him down and harrass him to get him to pay his rent and that I wanted him out by the following friday which means at that point he owes me $256.00 plus $50.00 for the IPOD, if he returns the IPOD then I will subtract $40.00 off the rent if he proved proof of the repair and the cost. Which then he will owe me $216.00.

My question is this......

Since he never signed a lease, he admits via text messaging he owes me rent and how much, and he never changed his address to here... Can I get away with only a seven days to evict notice?

Also, if he doesn't return the IPOD or provide proof of the repair and cost... can I legally report that as stolen?

It was a mistake for me to rent to him because of how badly my utilities increased. He had no reguard for turning things off and also no regaurd for keeping his rent payments timely. Which because of this has made me unable to pay utilities in full monthly.

Thanks for any quick replies!

[zthatzmanz28]

Perhaps now you know why he lost his job? PERSONALLY, I would get a few big friends, go in and change the locks on his entry door and toss his belongings in the street and file a theft report on the iPod.
Legally, I wouldn't care. He has no lease. Has he paid cash? have you given him reciepts that state it was rent being paid? Let him prove he has a right to be there.
IF you have any concens about violating this bums "rights," you might consider contacting a lawyer and spending a few dollars for advice.

[spicetigeress]

He paid in cash... he gets paid under the table at work so he gives me cash from that. Yep, I do write reciptes and also shows what he didn't pay and what he owes and what for. I dont wish to toss his stuff out in the street. Not to mention from the condition of the bedroom I am going to have to rent a rug doctor and buy he cleaners to clean the new carpet in there and he also had this candy he hung in the window that melted and got into the window sliding track so now the window wont slide... it gets stuck in he mess and here is no way I can really get into the track to clean it out. I took pictures of the bedroom in the condition he has it in along with the window and track with the mess. So I might have to go after him for room damanges too! But I guess what I am asking is if since he has no lease and I do have some text messages and emails showing he agreed to rent etc... if I can legally go after him for rent owed, damages, as well as only have to give him seven days to evict since he has no lease?

[Retroit]

You can't collect any unpaid rent from him because he didn't sign a lease. You can sue him in small claims for damages to your property.

You don't have to file an eviction notice. You only have to ask him to leave. Give him a few days to move out. Change the locks. Anything he leaves behind is yours.

Do not report the Ipod as stolen. Try to reclaim in in small claims if he still refuses to give it back to you. Perhaps you can use its return as a payment of rent (since it doesn't sound like he is willing to pay rent otherwise).

And most importantly: learn to say "no" to losers and people who you are not sure whether you can trust.

[merit1sje]

spicetigeress, You certainly have to be careful of the connections that you make in life. Its possible that this individual may be having some difficulties but that does not make you responsible for his troubles or obligated to facilitate them. Seeing as how this senario is going nowhere fast, I would suggest that you set a deadline for him to leave (don't even think twice about it). Then ask him to pay those amounts that are due you that he agreed to and if that doesn't happen; then cut your losses and pursue the deadline. However, I would suggest as zthatzmanz did, that you get a few people to help you with the "departure". And be careful because you never know how someone will react to a givin situation and you don't know how they will react after all is said and done. Hope everything works out

[dragon_fly_12]

If he has received mail at this address, he has squaters rights and the law requires a 30 proper eviction notice.

The iPod didn't belong to you, so you have no real claim on it. Lesson learned - don't give something over to another party without a rock solid agreement.

[spicetigeress]

OK I am guessing no one fully reads this stuff.

FACTS:

He admitted in writting he owes rent

He moved out with three days after I wrote this but without saying a word, left behind a lot of junk, a used bed, TV stand etc.. and a few paper bags full of garbage.

I didnt give him the IPOD, he took it from my bedroom and then wouldnt return it.

He was not getting mail at my house, he had a PO box address

In writting he admitted to oweing back rent and he admitted he took my IPOD and he admitted to oweing.

Finals facts: I gave him til Jan 22 to pay $242.00 past owed rent plus if he returned the IPOD I would knock off $40.00.

I was told I could take him to small claims not only for the past owed rent but also for the cost of the IPOD. The Ex boyfriend who left the IPOD to me said he will write a letter letting the judge know about the IPOD plus the cost he paid when he bought it and why he left it to me. So, over all the law would be on my side to recoup the past owed rent and the IPOD... what would be hard to get the damages he has done to the room.

[johnr83]

This guy sounds like a real *******. He's my advice - You're never going to see the money he owes you. Throw his **** on the front lawn, let him know he's not welcome in the apartment, and if he comes in, call the cops for trespassing. He's not on the lease, so he has no legal right to be there. The iPod is yours whether he repaired it or not - you never gave him permission to repair it, so you don't owe him jack ****.

[johnr83]

Originally Posted by chance2jump

If he has received mail at this address, he has squaters rights and the law requires a 30 proper eviction notice.

To claim squatters rights (adverse possession), you have to have acted as though you owned the property for six years without the property owner having claimed his ownership over the land you are possessing.

In either case, this doesn't apply to the OP's situation.

[zthatzmanz28]

Originally Posted by chance2jump

If he has received mail at this address, he has squaters rights and the law requires a 30 proper eviction notice.

The iPod didn't belong to you, so you have no real claim on it. Lesson learned - don't give something over to another party without a rock solid agreement.

If this is true, I have squaters rights to about 3 houses. Guess I will always havea place to sleep..