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I can't see that this is a landlord/tenant situation unless you had him sign a lease and a payment agreement. You are letting him live on the property in which you are the tenant. But I'm not a lawyer.
Perhaps you could gather up everything he left behind, haul it off to a storage locker, pay the first month's rent, call the friend's number and leave a message that you have done so and if he wants his crap, he'll have to come back or at any rate arrange to pay the storage rent. Also, request an address where you can send him the location of the storage site and the key.
Make it plain that there is no reason to return to your home because he no longer resides there. Then you can go about your original plan of trying to find lodgings that suit you.
Always remember that no good deed goes unpunished. You are a kind person and I hope the new year is kind to you.
I can't see that this is a landlord/tenant situation unless you had him sign a lease and a payment agreement. You are letting him live on the property in which you are the tenant. But I'm not a lawyer.
Perhaps you could gather up everything he left behind, haul it off to a storage locker, pay the first month's rent, call the friend's number and leave a message that you have done so and if he wants his crap, he'll have to come back or at any rate arrange to pay the storage rent. Also, request an address where you can send him the location of the storage site and the key.
Make it plain that there is no reason to return to your home because he no longer resides there. Then you can go about your original plan of trying to find lodgings that suit you.
Always remember that no good deed goes unpunished. You are a kind person and I hope the new year is kind to you.
Very bad advice and what you're suggesting is totally illegal. The OP clearly rented to this person who pays rent to him and there does not have to be a written lease for this arrangement to be legal.
I can't see that this is a landlord/tenant situation unless you had him sign a lease and a payment agreement. You are letting him live on the property in which you are the tenant. But I'm not a lawyer.
Perhaps you could gather up everything he left behind, haul it off to a storage locker, pay the first month's rent, call the friend's number and leave a message that you have done so and if he wants his crap, he'll have to come back or at any rate arrange to pay the storage rent. Also, request an address where you can send him the location of the storage site and the key.
Make it plain that there is no reason to return to your home because he no longer resides there. Then you can go about your original plan of trying to find lodgings that suit you.
Always remember that no good deed goes unpunished. You are a kind person and I hope the new year is kind to you.
Good thing you're not a lawyer, you would go out of business.
Really bad advice, first off the guy hasn't not paid rent. The OP is projecting.
And they do have a rental agreement, you can't just toss someone's stuff out in the street anymore than you can just decide to change the locks. This is a month to month and in most states(and considering this is in CO) requires you give the tenant 30 days notice.
Besides what would be the point of the OP putting out money for a storage unit even for one month, when they're on here complaining about being shorted(or thinking they're going to be shorted). You're suggesting they put out money they're claiming they don't have to begin with.
As a veteran watcher (take it for what it is worth) of Judge Judy, I say, no, you cant. As she would say, "that is what courts are for, you can't get self-help."
Good thing you're not a lawyer, you would go out of business.
Really bad advice, first off the guy hasn't not paid rent. The OP is projecting.
And they do have a rental agreement, you can't just toss someone's stuff out in the street anymore than you can just decide to change the locks. This is a month to month and in most states(and considering this is in CO) requires you give the tenant 30 days notice.
Besides what would be the point of the OP putting out money for a storage unit even for one month, when they're on here complaining about being shorted(or thinking they're going to be shorted). You're suggesting they put out money they're claiming they don't have to begin with.
When people ask for advice on an internet forum, some will be good and some will not be. Apparently, you have decided yours is best. I bow to your Superior Intelligence.
When people ask for advice on an internet forum, some will be good and some will not be. Apparently, you have decided yours is best. I bow to your Superior Intelligence.
No need for sarcasm. It's always best to speak of what you know, particularly on subjects such as this where legal issues are concerned.
When people ask for advice on an internet forum, some will be good and some will not be. Apparently, you have decided yours is best. I bow to your Superior Intelligence.
Numerous other landlords on this forum, who are very familiar with state laws, can confirm as I do that your advice was bad and seain dublin is correct. Its not just a matter of opinion, its a matter of law.
OP, you need to move forward with your own plans without expecting him to be a part of them. Give him the minimum notice required in your state, if you don't hear from him then drive his stuff out to the ranch if you have to, and be done with him.
Don't let any more sad sacks talk you into taking on their problems.
Check your land lord tenant act, but generally, you cannot just TAKE someone's property. The proper way to do this would be to go to court and get a judgement against him. The problem is that based on what you just described, he doesn't owe you any money. You only suspect he won't pay.
The other problem is I suspect you two have no written agreement. It will be your word against his, in terms of what you guys agreed to originally. I don't think there is anything that keeps you from moving. I believe you'd just need to show you gave him adequate notice, and then exercise reasonable care with his belongings.
Even the title of this topic says that the OP only SUSPECTS that the housemate won't pay. No matter what your state laws say, you can't keep something based off of just a suspicion.
Quote:
Originally Posted by willow wind
OP- The situation you had with your former boyfriend was very different. In that, you and he were in a relationship and had formed a household- your belongings were co-mingled.
What you have now is a landlord- tenant relationship. You simply cannot take anything belonging to a tenant without a court order. To do so would be theft on your part.
What you can try is this. If he reneges on the rent and doesn't pay you, perhaps he would be amenable to giving you some of his stuff in lieu of payment. He's a hoarder and to him his hoard may be like gold and he may refuse to part with anything. You can ask though.
If he does agree to part with some things and give them to you, get it in writing. A signed by both of you, dated, itemized list of everything he transfers to you with words to the effect that he is giving you this stuff.
It is a different situation, but there could be some similarities. For instance, I think it's safe to say that everything in the housemate's room belongs to the housemate and he would be entitled to it as long as he went to get it within a reasonable time. However, if the OP didn't have a couch for instance and the housemate brought over a couch to put in the living room, then I think that there would need to be some type of ownership established before the court would allow the housemate to take it. I may be wrong of course, but I can't see a court allowing somebody to take something from a common area without that person proving they actually own that item.
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