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Old 06-12-2009, 07:58 PM
 
3 posts, read 13,208 times
Reputation: 13

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The whole story: Two girls rent my apartment. I told them before that I'm not renting it out separately and it's not my business that they split the rent as long as i get 900$ a month.
Yes they did split the rent but the problem now is that one has the rent and one don't.One of them is telling me that it's not her fault that the other doesn't have the money. BUT I TOLD THEM I DONT CARE AND I WILL NOT INTERVENE WITH THEIR PROBLEM. IF I DON'T HAVE 900 DOLLARS BOTH OF YOU ARE LEAVING.

I was a new landlord and when my tenants moved in I didn't know about the lease and so we didn't sign any. Now they're already living here and just last week I gave them the lease to sign but one of them are not willing to sign the lease because she's not going to pay the late fee.

Please help me how am I suppose to handle this?
Is there a way to get them out because they didn't want to sign the lease?

Please help! I want them to sign the lease.
I really appreciate all help!
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Old 06-12-2009, 08:38 PM
 
6,205 posts, read 7,458,627 times
Reputation: 3563
Quote:
Originally Posted by Chelsea2416 View Post
The whole story: Two girls rent my apartment. I told them before that I'm not renting it out separately and it's not my business that they split the rent as long as i get 900$ a month.
Yes they did split the rent but the problem now is that one has the rent and one don't.One of them is telling me that it's not her fault that the other doesn't have the money. BUT I TOLD THEM I DONT CARE AND I WILL NOT INTERVENE WITH THEIR PROBLEM. IF I DON'T HAVE 900 DOLLARS BOTH OF YOU ARE LEAVING.

I was a new landlord and when my tenants moved in I didn't know about the lease and so we didn't sign any. Now they're already living here and just last week I gave them the lease to sign but one of them are not willing to sign the lease because she's not going to pay the late fee.
Please help me how am I suppose to handle this?
Is there a way to get them out because they didn't want to sign the lease?
Please help! I want them to sign the lease.
I really appreciate all help!
I would start with a diplomatic approach. Ask them:
1) Do they still want to share the apartment together?
2) Does the one who didn't pay her share understand the commitment?
3) Don't rent to 2 different people. Insist on one contract only. Let them bring the whole sum ($900) to you. One of them should be the lease holder and the second girl pay her share to the first. You want only one contact person and explain that this one will be responsible.
4) Depending on how late they are, consider skipping the late fee this one time or negotiate it with them in some way.
5) If that doesn't work, explain that they have to leave immediately, otherwise you'll evacuate them (legally) and that will cost them a bunch.
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Old 06-12-2009, 09:07 PM
 
11,151 posts, read 15,832,878 times
Reputation: 18844
Is this the same tenant you had problems with before ?
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Old 06-12-2009, 11:57 PM
 
264 posts, read 716,681 times
Reputation: 73
eviction is easy
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Old 06-13-2009, 08:01 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Why would you even want them there since you're already having problems. Legally they're on a month to month basis without a written agreement to the contrary so you can give them a month's notice right now.
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Old 06-13-2009, 08:06 AM
 
26,585 posts, read 62,033,913 times
Reputation: 13166
I'd just get rid of them. Serve them with a 30 day notice, end of story. Even if one is a "good tenant," she obviously makes poor choices, so get rid of her. She'll end up being a liability in the long run. If they are late already and quibbling over the late fee, things will only get worse. Get rid of them while you still can--it will be a lot harder once a lease is in place.

And next time no lease=no keys.
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Old 06-13-2009, 08:12 AM
 
Location: Indianapolis, IN
914 posts, read 4,444,619 times
Reputation: 854
Yeah, I would definitely evict. I know you feel sorry for the one that is paying her half, but she also picked this girl as her roommate, and doesn't seem willing to cough up the rest of the money herself, which is should be doing if she still wants to live there. Her rent is $900, not $450 just because she is sharing. That is her problem. Every single apartment I have ever lived in has had a clause in the lease stating it doesn't matter how many people live there, rent is due in full or everyone is gone.
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Old 06-13-2009, 08:47 AM
 
850 posts, read 4,740,666 times
Reputation: 689
I wouldn't even bother with a 30 day notice, I'd go straight to an eviction. No need to wait another month and risk them not wanting to leave again and having to wait even longer.

Did you accept the $450 from the other roommate? If you did, you have to wait until the next rental period to file. Don't ever accept partial payments. Also, refuse to accept it without the late fees. Roommates are 1 entity in terms of the apartment. They're all responsible for each other's actions, rent, damages, late fees, etc. It's up to them to go after the other should a situation arise. Not your problem.

Be firm, explain all the legal ramifications of filing an eviction. Hopefully it will scare them into doing the right thing.
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Old 06-13-2009, 10:40 AM
 
Location: Clermont Fl
1,715 posts, read 4,777,191 times
Reputation: 1246
Eviction is what you need to do now I would strongly advise you to hire someone to do the eviction for you because it does not sound like you know what you’re doing I cannot believe you would give them the keys without a signed lease and a deposit in cash you no next time.
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Old 06-13-2009, 12:06 PM
 
Location: NYC
304 posts, read 1,304,017 times
Reputation: 212
Quote:
Originally Posted by Babytarheelz View Post
I wouldn't even bother with a 30 day notice, I'd go straight to an eviction. No need to wait another month and risk them not wanting to leave again and having to wait even longer.
In NYC: If they don't have a written lease, it's regarded as a de facto month-to-month tenancy (unless they can seriously prove otherwise).
You must give 30 days' notice to vacate on a month-to-month lease.
So you _must_ "wait another month" -- since you can't evict people without giving that notice.
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