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Old 03-27-2013, 12:24 PM
 
3 posts, read 156,017 times
Reputation: 12

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Hey everyone!

Ok so I am renting a 3 bdrm house from a friend. We have a lease together for a year (this is my 2nd 1 year lease with her). She allows me to sublet. No problems there. I have 2 roommates and we split the rent and utilities evenly 3 ways. My name is the only one on the lease and all the utilities. I do not have a sublet/lease agreement with either of my roommates. Only a verbal agreement of their residency being month-to-month and that there needs to be a 30-day notice for moving out from either side (though I believe I may have this in a text to them somewhere that I sent as a follow up reminder).

One roommate is a dream. Cleans up after herself. Never causes an issue. Always pays her bills on time.

The issue is with the 2nd roommate. He's been here for 3 1/2 months now. He has never paid his rent or utilities on time, even with multiple reminders. He's extremely dirty, leaving food and dirty dishes and grease and splatter all over the kitchen when he cooks. He took it upon himself to bring his 10 year old dog into our house after I told him my lease only allows for me to have one animal and I already have a dog. But I didn't push it because he's a supposed "friend" and the alternative was his brother putting the dog down (I did talk to my friend, the landlord, about it and she said verbally that it was ok since he was only going to be living at the house for a few more months... though I didn't tell HIM that I spoke to her. He wanted me to hide the fact the dog was there.). He also doesn't clean up any of his dog's poop in the backyard. His dog also frequently urinates and deficates in the house, which has gotten my dog into doing it every once in awhile (he didn't before that dog was here). So now I need to replace the carpets in the common areas. I'm even risking losing my good roommate because she's tired of not being able to walk around barefoot without walking over pee stains or coming home and seeing poop on the floor (though I have a rug cleaner and supplies and clean the rugs at least once a month, he won't even pick up his own dogs poop). He's ruined my expensive cooking set by using metal on the pans while cooking even after asking him not to. He lounges on my couches with his feet up in the living room watching my 60" TV. Uses my 6 month old gas grill outside and has already burned one of the flip out trays cause he didn't flip it out before turning it on. And the tank is almost empty. I've used it once. That's it.

I don't ask them for money for common items such as garbage bags or paper towels, etc. He even uses my fridge stuff like milk, mayo, etc and never replaces it. She borrows something, she replaces it.

God, I could go on and on with the smaller issues it's ridiculous. I've never met anyone who has so little respect for property that's not his AND has such a sense of entitlement to to all. He actually told me that this is his house as much as it is mine because he splits everything evenly. I told him if he wants to put his name on the lease, lock himself into 12 months of responsibility for half the rent, bills and any damage... not to mention the hours of yard work (I HATE pine trees if I haven't mentioned that already) and taking the garbage out buying common household items, just say the word! Of course he shut up at that point (he only needed the room for 6 months til his wife and kids moved up here after school ends)

Well last night the rent was due and he tried to blow it off so we had it out a bit. I told him I wasn't his mother or his maid and he needs to pay his bills on time and clean up after himself and his dog and he actually went the route of trying to blackmail/threaten me, saying that he's taken pictures of the chewed carpet (my dog chewed the carpet on one of the corners of the steps) and would send them to my landlord so she would make me get rid of my dog AND that he would tell my landlord that I let his dog stay with me so she would want to kick me out. Yep. This is my supposed "friend". He then follows up with that unless I want him to get me kicked out, that I'm just going to put up with his **** and be nicer to him. And then threw in my face the fact that I'm unemployed (got laid off 4 months ago... hence me getting roommates in the first place), saying that I can't do anything about it cause I need him to pay the rent.

With that I told him verbally that he has 30 days to find another place to live.

The laughable part is that my landlord is a long time friend of mine. She ok'd the extra dog as a favor to me, which I did trying to help him out. AND she also knows about the carpet and is having a friend come over to give me a quote to replace the carpet on the step once this other dog is out of the house and not ruining the carpet anymore.

So that's the backstory. Now, what I'm trying to find out is what do I need to do to make sure he vacates? I don't have a lease with him and I'm not the landlord. From what I've been reading online, technically I should be treating the situation the same way as if I was a landlord and he was a leasee, filing court docs, giving written notice (I think it's only 7 days actually yes?).

But now I'm afraid he's going to damage things. He's a car mechanic and I'm worried he might do something to my vehicle (one of my alarm pads magically disappeared from the side table about 6 weeks ago). The side of himself that he's shown, resorting to blackmail all for me telling him I needed him to pay his rent and bills on time, is making me worry about what else he will do. Today I went outside and apparently he peeled out where his car was parked on the edge of the lawn so now I have a deep tire track and torn up grass about 2 feet long.

So I'm trying to figure out the best way to deal with this to avoid it getting worse but getting him out.

Can anyone provide any direction on what steps I need to take or what I should do to protect myself and the property I'm responsible for, not to mention my own personal property?

There IS one household issue that I'm not sure would impact things. There seems to be an issue with the HVAC unit. The landlord had someone fill it back in Dec cause only cool air was blowing. Well seems like there must be a leak cause we're down to just luke warm air blowing now, so our bill is like $225 a month in this cold weather. The landlord is working on figuring something out but that's not helping me make my roomies happy in regards to the bill. Even debating going to a flat rate monthly charge for my roomies instead of splitting the bills but this guy is THAT guy, leaving for 8 hours and leaving his light and tv on. He doesn't even care about the electric when it'll impact him. I can imagine how he'd be when he knew any extra would come out of MY pocket.

Sorry for the novel. Just wanted to make sure all of the details are out there.
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Old 03-27-2013, 12:34 PM
 
Location: Beautiful Rhode Island
6,794 posts, read 11,054,936 times
Reputation: 6752
You need to inform him in writing, preferably in a certified letter, that he has 30 days to vacate.

If he doesn't leave peaceably and on time, you might have to call the local police and ask if they will send an officer over to talk with him and escort him off the premises. He sounds potentially dangerous. Good luck.
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Old 03-27-2013, 01:05 PM
 
1,092 posts, read 2,884,928 times
Reputation: 1123
You will need to read your state laws because I believe different state's treat the roommate scenario differently. The stickies will have a starting point for you to read.

Post a notice on his door and take a picture of it. If he is hasn't paid the rent, a 3 day notice to pay or quit would (likely) be the appropriate action. Send the 30 day notice via certified mail.

Take photos of the lawn and any other damage he causes.

He sounds like a bully, and if he threatens to harm you or the premises, I suggest you call the police. A restraining order might be prudent if things escalate.
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Old 03-28-2013, 05:53 AM
 
Location: NC
6,032 posts, read 7,529,533 times
Reputation: 6350
Lol in my state if he isn't on the lease, then you could just call the cops and send him packing.
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Old 03-28-2013, 10:14 AM
 
3 posts, read 156,017 times
Reputation: 12
Default More Info/update

Thanks everyone. Sorry, for some reason I thought I was in a state specific posting area lol, so didn't mention it. I'm in NC.

And I did read somewhere that my landlord could call the police and have him removed as a trespasser but then he could sue me because he has a verbal agreement with me for living quarters meaning it would deny him of the space I guaranteed him. Just don't want to do something that would give him a leg up on me legally.

Also, in having done more research I see in NC it says for a month-to-month, I only need to give 7 days notice. Does that supercede our verbal agreement of 30 day notice? Not that I want to lie but I'm really afraid as to what he'll do and the sooner I can get him out, the better.

He paid the rent for April last night. He left cash at my door. So does that mean I have to give him the 30 days and as long as I give him written notice, he has to be out by April 30th? When do I file/need to file an eviction? If he tries to stay or pay after that?

Thanks again to anyone who can help! Can't believe I'm stuck in this situation right now.
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Old 03-28-2013, 11:08 AM
 
Location: southwest TN
8,224 posts, read 14,863,814 times
Reputation: 14977
Since there is no lease and it is considered a month-to-month, you can evict him for no cause. If you return the cash, (assuming there is no doubt it was from him, was intended to be April's rent and not payment for some of the other expenses he is supposed to be paying), you can still give him a notice to leave in 7 days - April 7.

However, given his most recent attempts to bully you, I would not leave the cash at his door, I would hand it to him along with a receipt you draft saying you are returning the cash - and have that transaction witnessed by a third party - perhaps the other roommate.
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Old 03-28-2013, 11:10 AM
 
2,091 posts, read 6,227,762 times
Reputation: 2159
If he has paid for april then he has paid for april and you accepted it. Yes if you still want him out give him his 30 days IN WRITING and preferably sent to him via certified mail return receipt so he has to sign for it.

After that do not accept any more money from him. You can only file for eviction if he has not left at the end of April, and you will need the proof of the mailing for the court. Evictions can take 2 months where I live and you cannot get him out in any other way, legally. The second you accept money from him, like for May, it starts the whole time frame all over again.

You can try the 7 days I suppose. I don't see this ending well.
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Old 04-01-2013, 02:34 PM
 
3 posts, read 156,017 times
Reputation: 12
Thanks everyone
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Old 04-01-2013, 04:54 PM
 
15,311 posts, read 17,502,630 times
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30 day notice is fair. If you decide to do 7 days, this might make him retaliate because you changed the terms that were verbally agreed upon.

You can let him know that if he finds something else before May 1, that you will return his prorated rent for April. You can tell him if he completely moves out by midnight April 15th without problems- that you will return his entire April rent (this is IF you want him out by April 15th in a peaceful way.). This likely will ensure no shenanigans on his part.

Don't get into any verbal debates with him. If he starts arguing/debating/commenting, just give him a blank stare and try to leave the room to do something else.
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Old 11-17-2014, 12:08 PM
 
1 posts, read 40,516 times
Reputation: 11
What about new york . Verbal agrement weekly basis?
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