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I am a homeowner who has been renting out half of my house for over 10 years to one of my (former) best friends. Since he was my friend, I charged him a very low price. In 2005 five, his girlfriend along with 2 children moved in. Back in November of 2008, I explained to him that the prices for utilities and basic cost of living are going up, and unfortunately he would have to start paying a little more. He explained that he and his wife were going through some hard times financially, and couldn’t afford it right now. Since it was my friend, I told him that I don’t like mixing business and pleasure, but I understand. I gave him a few months to get back on his feet. In April of 2009, I came up to him again and asked if he can pay a little more. He then explained to me that he was on the verge of losing his job. Once again, I let him know that I understood what he was going through, and I’ll wait until he finds another job until I ask again. October of this year, I approached him once again. His explanation this time was, him and his family were moving at the end of November.
Thanksgiving came, but their things weren’t fully packed. I approached him and asked what happened. He explained that the paperwork was taking longer than expected. He needs another month.
Christmas came, but their things weren’t fully packed. Since no one still ever came up to me and explained what’s going on, I approached him and asked what happened. He explained that the paperwork was taking longer than expected. He needs another month. I then told him, since a New Year (2010) is starting, pay me the additional rent starting in January. It would only be fair, since I let him slide for the whole year… He plainly stated ‘No’. Why would he pay extra, just for one month, when they are definitely moving out at the end of January. I said, ‘fine. Since you don’t want to pay anything additional, and you said you’ll move out by the end of January, this is the first time I’m asking you to move. Please be out by the end of January. If not, you’ll need to pay the additional rent in February.’ He said, ‘fine’.
The rent was paid in January, but they never moved out, and just stopped paying the rent. When I asked to speak to them, they replied, ‘the time for talking is done.’
What can I do??? They know it’s not a legal rental property, and there isn’t a lease or anything. Any advice would be appreciated.
You have no other choice but to start an eviction action against him. Maybe you can consult with a landlord-tenant attorney or go to Housing Court to ask for some assistance.
This is an unfortunate situation in many ways.... you have already lost the friendship and now, you're probably going to have to go to court to evict them and they will, more than likely, call the city on you to report the illegal apartment and you're going to get stuck with some hefty fines.
All you can do is start the eviction proceedings and be prepared for a visit from the city (and your former friend possibly trashing your apartment)
Not sure about the hefty fines...though it is very possible. You should speak to an attorney, one one who works specifically on landlord-tenant issues.
Your friend is taking advantage of your kindness...you've gave them plenty of opportunities. Sorry to hear about it...and omigawd may be right about him trashing the place.
Can you change the locks to your apartment when they are not home? You can then call him and ask him when he can pick up his property when the police is present so that way there is no conflict. If he only paid you in cash, you can always say that the money was not rent but the utilities and food that you had to buy for him and that you only let him stay to help him out as a friend. You need to write him a letter (keep a copy for yourself) giving him 30 days to vacate the room. When nothing happens in 30 days, change the locks when they are out. (don't say anything, pretend everything is ok) and if he comes trying to get in, call the precint and explain the situation and you need the police to be there so that he can pick up his stuff and you don't want the situation to become violent. Of course the best recourse would be to consult a lawyer as to the best approach. Good luck.
Can you change the locks to your apartment when they are not home? .
That is called an "illegal lock out" and the owner can be fined for that. It doesn't matter if there is a lease/no lease or if his friend paid by cash/check/money order. So long as this person has lived there for over 30 days, he is considered a resident of the property and if the owner wants him out, he must go through the proper court proceedings.
since he is being a jerk wait until he isnt home and move his stuff.no lease no proof!
You can't do that. It's completely illegal and the homeowner would be opening himself up for a nice lawsuit. This person has been living at the LLs home for over 10 years and I'm sure he has proof of residency (tax returns, paystubs with the address, mail, etc) Even if he was living there 6 months, you cannot take someone's property out of the house. That's called an illegal eviction.
The LL made his own bed and must now sleep in it. He has to take the proper steps to get his former friend out of the apartment and deal with the consequences if that person decides to turn him in to the city.
. You need to write him a letter (keep a copy for yourself) giving him 30 days to vacate the room. When nothing happens in 30 days, change the locks when they are out. .
You're giving horrible "advice". You can't do this either. A 30 day notice is just that: NOTICE. If the tenant decides not to leave, the LL must take the next step and go to court to have the tenant LEGALLY evicted.
And that is: do not get your legal advice from a place like this. Go see a lawyer!
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