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I am in need of some advice regarding evicting a roommate who I have subleased my 2nd bedroom to.
The situation is going to be very tricky because my apartment lease states that I am not allowed to sublet. I was also very stupid when I began this arrangement as I had 0 experience and made quite a few mistakes. So here’s the situation:
I needed some extra money so I posted an ad on craigslist for a roommate. I had 3 people contact me; of the 3, this woman was the only person comfortable with meeting up to check out the apartment. I don’t know if this is relevant information but for the record I am a 27 year old male, working a full time 40-hour “professional” job and attending college at night time, also full time, 4 times a week; she is a 56 year old woman who is on SSI and as far as I know doesn’t work. She came over in mid-April and after our 2nd meeting we signed a generic month-to-month lease to begin in May. The terms were $400 a month for rent, + ½ the cost of cable and ½ the cost of the power bill, due by the 1st. We agreed that a 30-day notice would be acceptable if either of us wanted to cancel the lease. She has always paid me, though usually by the 7th or 8th of the month; I haven’t minded / allowed this as the power bill usually doesn’t come in for a few days and this way she can give me 1 money order rather than separate payments.
Mistake #1 was not doing a background check – I have since looked her up on the Pinellas, Pasco, and Hillsborough county Sherriff pages. She has been arrested many times:
07/06/2009 – Pinellas County – Domestic Battery
04/22/2011 – Pasco County – Domestic Battery, Resisting Arrest Without Violence
11/06/2011 – Pinellas County – Contempt of Court
09/23/2012 – Pinellas County – Battery, Exposure of Sexual Organs
08/24/2013 – Pinellas County – Disorderly Intoxication/Disturbance, Domestic Battery
04/08/2015 – Pinellas County – Possession of Drugs without Prescription, Disorderly Intoxication/Distubance, Resisting Arrest without Violence
Mistake #2 was not collecting a deposit. As I mentioned, this is my first experience with renting out a room. She seemed “nice” and I didn’t think it would be an issue.
This entire time, everything has been mostly ok. She is usually gone on the weekends and we don’t cross paths much. There were two incidences where she locked the top deadbolt (not accessible from outside) and it took some time to get her to unlock it so I could get inside. This was frustrating because the first time I was standing outside with groceries, knocking and calling her phone. She had been napping and acted very angry towards me for being inconvenienced to have to unlock the door. Another time she mentioned that she doesn’t answer the door if she doesn’t know who is there; to which my reply was why didn’t you look through the peep-hole?
It is now September. At the end of August, she informed me on a Monday that her boyfriend’s apartment was infested with mold and he had to move out by Friday and asked if he could move in (also in his mid-50’s, if relevant at all). I really struggled with letting another stranger into my home, but the idea of getting a little bit more money (changed rent to $775 flat for both tenants) was too good to pass up as I am saving for my cross-country move in December (moving to California where my fiancé lives). I let him move in Saturday, 8/29/2015, while I was out for my friend’s birthday. The next day I wanted to get everything in writing. He paid me his portion, and let me take a photo of his driver’s license, but didn’t want anything in writing. It was decided that he would stay for just 1 month in order to find a new apartment.
Mistake #3, no background check / deposit from male tenant. He has been arrested several times as well.
06/22/2011 – Pasco County – Domestic Battery, Tampering With Witness Intimdate Threaten Etc Vict Witness Informant (??)
09/23/2012 – Pinellas County – Possession of Marijuana, Possession of Paraphernalia, Violating Injunction/Protection from Domesstic Viol, VOP Battery (??)
05/03/2015 – Pinellas County – Felony Battery (Domestic Related)
He creeped me out quite a bit the first day but after we sat down and talked he seemed alright. We even ended up talking about technology and video games which made him seem even more alright.
Within 1 week of him being there, the female roommate has been intoxicated, belligerent, and fighting with him twice until very late hours. Tuesday night, or Wednesday morning, she had knocked on the door to my room to ask if I had her moved the pool key (which she had just come back from). Keep in mind that I wake up around 7am to get ready for work; I was extremely upset about this.
I was flying out to California for labor day weekend on Friday after work. I come home from class on Thursday night, ready to get packed and sorted for the next day. While sitting in the car in front of the apartment, Im finishing up my fast food that I picked up on the way home and see her walk out of the hallway. She sees me and we wave to each other. 2 minutes later, I head upstairs to go inside and the top deadbolt is locked (for the 3rd time). I knocked on the door a few times and then called her twice with no answer. I knock harder in case she is on the patio or in her bedroom, and after a minute call again. She finally answers and asks if its me at the door and I ask her to please let me inside. I am beyond livid at this point. She is absolutely trashed (drunk) and isn’t being very coherent with her explanations.
I finally tell her that I’ve had enough and that I want her out of the apartment in 30 days. I begin writing a very simple “I xx hereby give notice to xx to vacate the premises within 30 days, signed xx, dated xx”. Her boyfriend comes home, who I guess is who she intended to lock out of the apartment. He seems completely normal and level-headed and Im actually able to communicate with him. He opens the bedroom door and we see that she has knocked over her dresser and his 46” TV (luckily it landed face down on their bed). We are both shocked and I help him lift everything up and get put back in place as she gives some story about how she wanted to turn off the tv and couldn’t find the remote so she went to unplug it and it “fell over”. I have him give me a hand with removing the top deadbolt on the front door so I can no longer be locked out, and then I go to my room to pack for my trip. They fight and fight and fight and I come out, with my friend on the phone listening on speaker (being quiet, just there to listen). Shes like trying to smack at him while he’s trying to hold her still – she is clearly beyond drunk. I tell her that if she doesn’t settle down that I will have to call the police and I know that she doesn’t want to go back there again (first time mentioning anything about her arrests). She cools off some and I go back to packing and trying to sleep, though I hear them yelling until around 1:30am again.
The next day I get all kinds of texts from her about how dare I pass judgment on her without knowing the consequences, etc, etc. I am beyond over it and I don’t even respond. Arrange for a friend to check in on my apartment over the weekend as now Im scared for my possessions and my cat. The notice gave her 30 days, which is October 3rd.
On 09/11 there was another dispute. I worked for 9 hours, came home and did homework for 5 hours, and around 11pm started hearing yelling coming from their bedroom. The boyfriend came out and asked if I was there and if I could help calm her down. I walked around the corner and he was rinsing blood off of his face at the kitchen sink and she came out of the bedroom yelling “don’t listen to him, don’t listen to him, he’s a liar!!”. I tried to calm her down and tried to get her to go on the patio for some air but it was clear that she was drunk or on some kind of drugs and I could not reason with her. This went on for a few hours and again the next morning she sent me all kinds of texts trying to apologize. It’s no longer sincere as its clearly a patterned behavior and whatever sympathy I might have had originally is long gone
Any advice on how to handle this if she doesn’t move or tries to damage/steal my property, etc? I know it was a long sorry and I apologize, I am just really worried now. I believe that after the 30 days, I can write a 3-day eviction notice and post it on her door. I would like to prevent going the legal way as I mentioned at the beginning that my apartment doesn’t allow subletting and if she were to get an attorney I am sure that they would look into that. After the 30 days and then the 3 day notice, if she isn’t gone can I just remove her possessions and change the locks?
You should talk to an attorney. From my understanding legally you have to do a formal eviction process, as her residence (and perhaps his) is the apartment. Good luck.
Since they both have "established residency" at your place your gonna have to legally evict them. It has to be two separate evictions since there is two adults. Whatever type "notice" you give them means nothing.
You have two options, you can have a company like "Evictions Plus Inc." handle the eviction's for you for $300-500 or you can go to the County court house on Twiggs St and fill the eviction form's out yourself for I think like $85.
They will waive the fee if you tell them your indigent.
Keep in mind that you have to evict each of them separately (2 adults=2 evictions).
Once you or the company you hire to handle the evictions for you fill out the form at the court house a Sheriff's deputy will come to your house and tape the eviction notice to your door.
I think they have up to 30 days to move after they receive the two 15 day notice's.
You have to be carefull who you let stay at your house, a lot of people think that as long as a person doesn't get any mail or have a utility in there name that they can make them leave whenever you want but once a person has "established residency" in your home you have to legally evict them. All a person needs to "establish residency" is to have stayed there for a couple days and a bag w/ some clothes in it. If you try to lock them out without legally evicting them that person can kick the door in.
I wouldn't worry about your apartment complex and the no sub leasing rule, this type situation happens all the time, just go to the court house your self and evict them.
Also, that's really unfortunate that things can't be settled via the lease/agreement that we had. It stated that either of us could end the lease with a 30 day notice; I wish people would stick to their agreements.
If they get drunk and physical with eachother again and I have the police come out to arrest one or both of them for domestic abuse (as I should have the past 2 times) would that help my case at all? I'm losing a lot of sleep, receiving noise complaints, and generally feeling unsafe in my own home
Also, that's really unfortunate that things can't be settled via the lease/agreement that we had. It stated that either of us could end the lease with a 30 day notice; I wish people would stick to their agreements.
If they get drunk and physical with eachother again and I have the police come out to arrest one or both of them for domestic abuse (as I should have the past 2 times) would that help my case at all? I'm losing a lot of sleep, receiving noise complaints, and generally feeling unsafe in my own home
Your gonna have to evict them if you want them out. It's pretty easy to do.
Even if one of them does go to jail your still gonna have the other one to deal with.
Alright good to know. I'm not too worried about the guy he seems reasonable its this lady, she is just crazy. If it comes to it then I will do the paperwork etc myself. I have been a foreclosure and bankruptcy paralegal for 7 years, it would be a good experience!
I ask because if you do, and they know you have unauthorized occupants, you will then be issued with a 7 day WITH cure notice. Giving you 7 days to get these people out....and then again if you dont....you'll get a 7 day WITHOUT cure....giving 7 days to get everyone out...yourself included
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