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OK, guys. Please, please don't lecture me about getting everything in writing before all of this happened. I will be the first to stand up and say "How stupid was I" and I deserve all what has come down on my head as a result.
The situation: I am renting a house in a rural area from a ranching family who have been more kind to me than I can say. I love my landlords! My lease is now month to month after the first year's lease for a year was passed.
A very long story short, an aquaintance of mine came to me about 8 months ago, and asked if he could rent my spare room because he was going through the divorce from hell and needed to get out of the house he was living in with his soon to be ex.
I wasn't thrilled with the idea then, but he talked me into it, saying his stay would only be temporary, that he would give me rides to town when needed, and that he could repair my old truck for me. All of which turned out to be lies. I did inform my landlady that one more person was residing on the property, and she was cool with that and didn't even up the rent. That was about as official as it got - no signed lease from my roomie, no damage deposit, nothing like that. How stupid am I?
My roomie is a hoarder (I've posted about this on another CD Forum), and I am overwhelmed with all his worthless junk. I've started just gathering his stuff up into boxes labeled with the contents of the box and his name and putting these boxes into my garage which is already over-filled with his garbage. He's never helped me one iota with this big old over-sized place and when my truck needed a new thermostadt, he put in a new one upside down with the result that my truck over-heated and the radiator blew to smithereens. My roomie's response was that he would "pray about it." Yeah, right.
Now a friend of mine who I know far better than I did my current roomie is also looking for a room to rent. My friend is so much more simpatico and we don't have life-style conflicts like I do with my current roomie who, among other things, is a strict born-again Christian. If I had to put some religous stupid label on myself, it would be "Buddhist." You can imagine how well we get along over THAT one. Heh! I could go on and on, but bottom line, I want my roomie and all his stuff out of here ASAP, so I can rent the room to my friend instead.
With no paperwork in place, how do I go about getting rid of my roomie? Give him a standard 30 day notice? Would he be responsible for paying that final 30 days' rent despite the fact that I've asked him to leave? What about all his STUFF? Can I sell some to cover his final 30 days rent if he refuses to pay up? At the end of the 30 days, can I just take all his junk and throw it into the local land fill if he doesn't come get it all? Is there a document of some sort that I should file in civil court stating that he will be evicted on x date? Help!
."OK Butch... here's the deal. It's time to do my spring cleaning
and getting you out is at the top of the list. (hand him a paper)
That there is formal written legal notice to be packed up and gone within 30 days.
Start packing today. If you're out before May 1 ...I won't ask for May rent.
I'm sure you understand and will cooperate. Thanks"
---
As for you... don't worry or think or do anything about rent due or paid or damages
or anything else that might interfere with the prompt packing and exiting process which
MUST be the prime objective. AFTERward... then you can asses and deal with what you have.
Be prepared to offer pick up truck help to get the Non-Critical to life hoarding type stuff out first.
I'd even go so far as to pay for the 1st month rent storage shed place.
1. With no paperwork in place, how do I go about getting rid of my roomie? Give him a standard 30 day notice?
2. Would he be responsible for paying that final 30 days' rent despite the fact that I've asked him to leave?
3. What about all his STUFF? Can I sell some to cover his final 30 days rent if he refuses to pay up? At the end of the 30 days, can I just take all his junk and throw it into the local land fill if he doesn't come get it all? Is there a document of some sort that I should file in civil court stating that he will be evicted on x date? Help!
1. Yes, in accordance with your state laws (linked in first "sticky" on this forum). You have a verbal contract for a month to month rental agreement despite nothing having been set in writing.
2. Some states require 30 day notice while others mandate the required notice be given based on rent day. Written notice, refer to your state laws.
."OK Butch... here's the deal. It's time to do my spring cleaning
and getting you out is at the top of the list. (hand him a paper)
That there is formal written legal notice to be packed up and gone within 30 days.
Start packing today. If you're out before May 1 ...I won't ask for May rent.
I'm sure you understand and will cooperate. Thanks"
---
As for you... don't worry or think or do anything about rent due or paid or damages
or anything else that might interfere with the prompt packing and exiting process which
MUST be the prime objective. AFTERward... then you can asses and deal with what you have.
Be prepared to offer pick up truck help to get the Non-Critical to life hoarding type stuff out first.
I'd even go so far as to pay for the 1st month rent storage shed place.
Thanks for the input! So, I can charge him the rent up to the day he is legally evicted? He can't get mad, and say I won't pay you a penny for the rest of April, you biach?
I agree my number one prioruity should be getting rid him and his incredible hoard of junk - I should take pictures, it's so awful!
Having busted my pick-up truck by incorrectly replacing the thermostadt, he can't use my vehicle to carry off his load of garbage. He DOES have a pick-up of his own which can be used for that chore.
1. Yes, in accordance with your state laws (linked in first "sticky" on this forum). You have a verbal contract for a month to month rental agreement despite nothing having been set in writing.
2. Some states require 30 day notice while others mandate the required notice be given based on rent day. Written notice, refer to your state laws.
3. There are laws in place for that eventuality.
I believe that Colorado mandates a 30 notice starting from the time the tenent is notified. I am dreading all this, but I've got to get rid of him, no matter how unpleasant he makes it.
So, I can charge him the rent up to the day he is legally evicted?
You can CHARGE him for the Thanksgiving dinner he ate last year.
The rent tab is running.. just don't expect to get it.
Quote:
I agree my number one priority (HAS TO) be getting rid him and his incredible hoard of junk
^^Ding. Do Not Pass Go or Collect $200 until THIS job is complete.
Packed. Gone. Locks changed.
THEN? Sure, try and get some money out of him too.
Maybe you'll even get it someday.
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