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I rented the master bedroom 2 years ago to a guy who supposedly was working as a manager in a hotel...he said he worked from 5 am to 10 pm, but since the first day he moved in, he stopped working....what a coincidence...however, we did not have any big problem during this time even he drinks every night and arrive late and drunk and making noise...2 months ago, this guy shouted at me and disrespected me, I told him to leave and since that, we did not even crossed a word until This week he told me he was going to leave in july, I said it is great ! after two years with this guy... ( when he moved since the first day he changed the lock of is bedroom and he has had always his bedroom locked). Now, I told him to leave his room open without the lock because I needed to show the room, he said that just because he is very kind and cooperative he is going to leave his door unlocked from 5- 7 pm Mondays and Fridays...I told him that the one month notice was for finding someone and he is telling me this is against the law, and he can suit me...he does not even pay his rent this month and I m scared he leaves without paying...can someone give me some advice??
If this is a verbal agreement, 30days most states and he did give notice for July. He can take you to small claims court, but unless you've left out some info, will look foolish.
If he doesn't pay last months rent, you have reason to keep his security deposit, assuming there was an SD, if not, be happy he's leaving and take the loss.
Make certain to change all locks after he vacates.
Become familiar with the Landlord/Tenant laws for your state. In the future, do better screening of your prospects, ask to see current pay stubs to verify they do work or you'll end up with situations requiring eviction.
Thanks for your answer, He gave me the one month noticed, however he is not allowing me to show the room, he says it is against the law and that i must wait until he vacates. And as I said before he has not paid the month of June. And I almost sure, he is gonna live at the end of the month, without paying and will not receive my money and wont another roommate. what can i do? can the cops help me with this?
no, the police cannot help you, there is no crime - this is a civil matter.
When you became a landlord, you took a risk. A risk that the person would not pay for any number of months, would damage the property, would refuse to leave, etc. Now you are encountering at least one of those situations.
As the landlord, you have the right to enter the room with proper notice (according to your state's landlord-tenant laws). You also have the duty and responsibility to have gotten a key to the bedroom - you have not done so. What you might be able to do is to change the lock and provide him with a key, keeping one key for yourself - I say might, check the landlord-tenant laws on this.
You DO have the option of starting eviction proceedings against him in court if he does not leave in July and does not pay June's rent. If he does leave in July, you can go to small claims court and sue him for the last month's rent - and any damage he may have done to the room, provided you did not get security deposit from him. You CANNOT, in most cases (check the l-t statutes), use the security deposit as the last month's rent, if you even got any.
My personal opinion from what little information you provided is that you don't have any clue what you are doing and did not ask for last month's rent or a security deposit, that you did not even consider there might be laws governing YOUR behavior as the landlord or that there might be an entire chapter of laws/statutes governing this situation. Now you are stuck - without a key to a room in your own house, and with the likelihood that you are not going to be paid for a minimum of 2 months' rent, this month he is not paying and next month due to not having the wherewithall to show the room to prospective new "tenants", and possibly the cost of repairs to be made to the room before even being able to show the room.
You have no idea in what condition the room is, considering it's been 2 years since you've seen the inside of it, and you are more than well-aware he is an unemployed alcoholic liar.
The police don't get involved with rental problems. You did say he compromised agreeing to 5-7pm a couple days a week, I'd work with what he's willing to allow. The last thing you want to do is set yourself up for problems with a person who regularly is intoxicated and become disorderly, but should it come to that, you'd have every right to contact the police.
As far as the rental money, don't expect blood from a turnip.
Quote:
Originally Posted by luchiluchi
Thanks for your answer, He gave me the one month noticed, however he is not allowing me to show the room, he says it is against the law and that i must wait until he vacates. And as I said before he has not paid the month of June. And I almost sure, he is gonna live at the end of the month, without paying and will not receive my money and wont another roommate. what can i do? can the cops help me with this?
Sounds like this guy had to move in with your for certain reasons. Did he get a divorce? Did he lose his job? You need to get a lawyer and get him legally out. And what is he hiding in that bedroom that he has to keep locked? Good luck.
Sounds like this guy had to move in with your for certain reasons. Did he get a divorce? Did he lose his job? You need to get a lawyer and get him legally out. And what is he hiding in that bedroom that he has to keep locked? Good luck.
Considering this thread is 5 years old, they figured it out.
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