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Old 08-21-2010, 02:14 AM
 
3 posts, read 18,626 times
Reputation: 11

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Can I change the locks if my roommate fails to move out on day he stated he was leaving? I have another tenant ready to sign a one year lease. Please let me know. I know I need to give notice for this and intend to do so if he is not gone on said date. He violated the terms of our initial agreement and did not pay last month's rent, assuming his security deposit would cover it. He has incurred more damages than the partial security deposit will cover. He is moving out before the end of the usual month agreement, but it is his idea. I confronted him about violating an item in our lease and he corrected it but told me he was leaving. I took his statement to be 30 days notice and he agreed this was the case. The violation was adding an AC to his room and it is costing me $400 extra dollars in utilities! (I think he believes himself to be an ice cube.) Between this and a vacuum cleaner that needs to be repaired due to him breaking it, I will not be getting back enough money for the damages or for the extra utilities. He is a sublet roommate and does not have his name on the lease. Also, after he moves, can I take him to small claims court to try to get the money for the utility bill and vaccum cleaner repair which will be at least a couple of hundred dollars more than his remaining security deposit will cover?

Please advise!

Last edited by Leslie Upchurch; 08-21-2010 at 02:40 AM..
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Old 08-21-2010, 02:22 AM
 
35,121 posts, read 37,472,579 times
Reputation: 61802
Why are people asking legal questions like this on a forum and not asking an attorney. I can see them in court when the judge tells them they haven't done something properly and their reply is....."Well someone on the forum said......"

Seek the advice of an attorney, a professional who can walk you through the entire process.
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Old 08-21-2010, 02:42 AM
 
3 posts, read 18,626 times
Reputation: 11
I appreciate that seeing a lawyer may be necessary. But in a person to person agreement on the same premises this is often impractical. I just want my roommate out. He is pretty stupid and hates confrontations. So, he will leave with the slightest provocation I am sure. Thank you for your opinion!
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Old 10-04-2010, 02:08 PM
 
1 posts, read 6,209 times
Reputation: 10
i was given a 60 day notice to leave with no reason now i havent payed rent friday 1 was rent due whene should i be geting 3 day pay or leave notice why wouldent the land owner give me reason for kicking me outi was told by one of the renters here why im being kick out its personel not me the land lord i havent broken any of her rentel rules shes upseat
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Old 10-04-2010, 07:28 PM
 
4,374 posts, read 8,627,462 times
Reputation: 2330
Quote:
Originally Posted by Leslie Upchurch View Post
Can I change the locks if my roommate fails to move out on day he stated he was leaving? I have another tenant ready to sign a one year lease. Please let me know. I know I need to give notice for this and intend to do so if he is not gone on said date. He violated the terms of our initial agreement and did not pay last month's rent, assuming his security deposit would cover it. He has incurred more damages than the partial security deposit will cover. He is moving out before the end of the usual month agreement, but it is his idea. I confronted him about violating an item in our lease and he corrected it but told me he was leaving. I took his statement to be 30 days notice and he agreed this was the case. The violation was adding an AC to his room and it is costing me $400 extra dollars in utilities! (I think he believes himself to be an ice cube.) Between this and a vacuum cleaner that needs to be repaired due to him breaking it, I will not be getting back enough money for the damages or for the extra utilities. He is a sublet roommate and does not have his name on the lease. Also, after he moves, can I take him to small claims court to try to get the money for the utility bill and vaccum cleaner repair which will be at least a couple of hundred dollars more than his remaining security deposit will cover?

Please advise!
What state are you in? And what exact date did he give this "notice"?

Edit: And regardless no you cannot lock him out. Even if the judge determines this statement was 30 days notice you still need to go through the eviction process.
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Old 10-04-2010, 07:31 PM
 
4,374 posts, read 8,627,462 times
Reputation: 2330
Quote:
Originally Posted by CSD610 View Post
Why are people asking legal questions like this on a forum and not asking an attorney. I can see them in court when the judge tells them they haven't done something properly and their reply is....."Well someone on the forum said......"

Seek the advice of an attorney, a professional who can walk you through the entire process.
Probably because people don't want to spend thousands on an attorney suing over things like broken vacuum cleaners!!! Seems like a pretty good reason to me.
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Old 12-03-2010, 11:06 AM
 
1 posts, read 5,958 times
Reputation: 10
Hi, I was served a 3-day "Pay or Quit" notice on 11/22/10. I wasn't able to pay by the 3rd day but was able to by the 5th day. My landlord refused any payment and assaulted me when he entered my apt and physically pushed me around the room, making his way in. He didn't give me any notice beforehand and it wasn't an emergency. I filed a police incident report that evening. I plan on moving out by next weekend, 12/10/10; which my landlord is aware of. Can he still evict me even though he assaulted me? Does that slow down the unlawful detainer process? I live in San Diego county of California. Please help! I'm terrified of him and am thinking of filing a restraining order since he won't stop harassing me at work and home. Thank you!
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Old 12-04-2010, 06:46 PM
 
Location: southwest TN
8,160 posts, read 14,158,426 times
Reputation: 14751
It would really be a good idea to start your own thread - this situation is different than the original OP.

IF your landlord assaulted you, you have a criminal complaint which is separate from the rental issue. Yes, your landlord CAN continue with his suit for back rent and to have you evicted. It will be moot on the eviction since you will already be out, but you will probably still owe for rent. However, with a criminal complaint - was he charged? that will be up to a judge to see what is done.
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Old 12-10-2010, 01:32 AM
 
1 posts, read 5,864 times
Reputation: 10
I was served my 3 day notice at 7:00 pm on a Wednesday. Does the three day start then? Or does it start on thursday?And when would I have to go to the courthouse and file and fill out paperwork?
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Old 01-11-2011, 03:28 PM
 
1 posts, read 5,616 times
Reputation: 12
I had a 3 day pay or quite notice on my door on the 7th but I have paid rent already and still have not cashed my check. There is mold in my apartment and a hole in my sons room. I have a copy of the check that I gave them. What should i do? Do you think they are up set because I told them they need to fix the roof and the mold?
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