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Hello everybody. I have an unfortunate roomate situation - I live in a house with friends and someone who is the lease holder - the rest of us are listed as tenants on the lease. That person has been making our lives a living nightmare, they are very mentally unstable. We all wish to remain at the house and for this person to leave, but i think i'm right to assume that we are in no legal standing to ask this person to leave, and neither is the landlord because they pay their rent on time.
there may be one thing they have done that could be cause to either evict them or remove them from the lease, and that is a problem with the deposit. please let me know your thoughts on this: when this person moved in, it was agreed between them and the landlord that they would pay the person who had left the house (this is who they took the lease over from). but the person who moved out has still not received their deposit ( they moved out a number of months ago). my questions are:
if this deposit is not paid, can the landlord break the lease with this individual or ask them to leave?
if the deposit is eventually paid it would still have been a few months after the other person has moved out, would this too be enough reason to ask the person to leave?
Why would the landlord care? The landlord has the security deposit. The rent is being paid on time.
I understand your point of view. What I'm asking is to look at it from the landlord's point of view. Why would they get involved in your drama? It's BS, but the landlord doesn't have a dog in this fight and you don't either. It's up to the former roommate to sue for return of the deposit.
I would be shocked if that agreement with the landlord is in writing. How would you have any actual proof of this agreement?
My understanding after years of being on C-D is IF the LL Evicted anyone in a roommate situation they Have to EVICT EVERYONE. Getting an Eviction on your record no matter whose at fault is Bad... finding a place to rent would be a nightmare for decades to come. So IF you don't like your current situation MOVE!
My understanding after years of being on C-D is IF the LL Evicted anyone in a roommate situation they Have to EVICT EVERYONE. Getting an Eviction on your record no matter whose at fault is Bad... finding a place to rent would be a nightmare for decades to come. So IF you don't like your current situation MOVE!
Mostly. The eviction is against the named tenant(s) but not any occupants, sounds like the OP is an allowed occupant. The eviction orders are for possession which will remove everyone living in the home, assuming the sheriff has to do a physical eviction and even then the LL can allow others to stay. If everyone living there was listed on the lease as a tenant then they would all have an eviction on their record.
As to the OP the LL has his own problems if he didn't return the security deposit to the previous tenant. It isn't likely to be a breach of the lease though so if you are having problems with one person and they don't want to move then you move. Your deposit idea isn't a good one so figure something else out.
to clarify - the new person who is causing problems at the house was told by the landlord to not pay the deposit directly to him (the landlord) but for the deposit be paid directly to the person who just moved out. the person who moved out has not been paid this deposit. we all paid this new person our share of this new deposit so that it could be sent to the landlord / the person who moved out. but it has not been.
i'm not talking about the landlord creating an eviction notice. i'm talking about them asking this person to leave on the basis that they cannot pay the deposit. we have all paid our part of the deposit - we paid it to this person. they have spent it and are now not able to pay it within the correct legal time frame
we have all been living at the house for many years so we do not want to leave. we may have to but it's unfair that this person has come in, taken over the leaseholder and forced us all out after we've been at the property for a very long time
Evacuate this dumpster fire situation immediately is my advice.
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