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I have a roommate not under a lease...?

SHe moved in with us October 13th. We told her since we have already paid for the month of october not to worry about it ( we know the hassel of moving a such). we told her rent is do on the 1st of the month. it is now the 12th. and she has only paid $100 out of her $500 rent. I would like to know what the best say to get her to leave is. Every time we bring up the fact that she owes rent she flips out and says that we are being childish. She even threatened to "Blow me up" ? whatever that means. Either way. what is the best way to get her out of my apartment!? please and than you! (btw i know im an idiot for not having her sign a lease).

10 Answers

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  • 6 years ago

    Normally only an owner of the property is able to give a notice and file for a legal eviction through a court. You have no legal standings to evict a person.

    Does your landlord know you have this person living in the rental unit? Does your landlord allow his/her tenants to sublet his/her rental units?

    You are not allowed to illegal evict her, by putting her personal items out and changing the locks.

    You should not have had this person move in without the knowledge of your landlord.

    In order to have this person legally removed from your rental unit , might require you to involve your landlord.

    Involving your landlord might raise questions about you subletting the rental unit which might place you in a

    position of being given a notice to stop violating your lease or even being evicted yourself, so speaking to your landlord might be tricky.

    This person is a tenant. You did not inform this individual she would be required to move in 2-3 days. You told this individual not to worry about October rent and she would be required to pay November rent. She move all her personal possession into the rental unit. This establishes her residing there and making this her place of

    residence.

    In this instance, time of living there is of no importance.

    There might not be a best way to get rid of this person without placing yourself in jeopardy of being evicted. It goes back to the fact it might be that you might be required to get your landlord involved.

    The next best thing is to contact you local landlord tenancy advocacy group to see if they would have a possible solution for you. This agency would normally offer you legal information at no cost to you. This group is aware of the local laws concerning real estate.

    You would be required to Google for this group, followed by the city and state in which you reside.

    Calling the police would not solve this problem. They are not judges and could not legally determine if a

    person is a guest or a tenant. You would say she is a guest. She would say she is a tenant. The police will

    inform you this is a civil matter and would have to be settled in civil court.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • 6 years ago

    In this case, you are not an idiot. She has not established tenancy. Kick her out NOW. Immediately. Or, if you want to avoid an argument and trouble with her, when she is out in the next couple of days, change the lock (give a copy to your landlord), and go to the police station and file a threatening report on her. Then go and get a restraining order against her. Text her that if she returns to the property, you will have her charged with trespassing and that you would like her to arrange to have someone pick up her belongings within 30 days and to pay in cash $400.00 for storage fees from October 13th through December 13th. Don 't mention the rent. Let it go. Do not accept any kind of payment except cash. If she does not arrange for anyone to pick up her stuff by Dec. 13th, sell it, donate it and keep any portion you want. You are not obligated after 30 days. In fact, in your state, you may only be required to store it for 10 days or 2 weeks. If you do not want to spend the money on an attorney to find out, give her 30 days. It is probably no longer than that. If she tries to say she was a tenant, say that she was not. She was a temporary guest only and that she overstayed her welcome by staying 30 days. She also did not pay rent and contributing only $100 toward expenses does not begin to count as rent. Grow a backbone dealing with this parasite. You may have to get nasty. Don 't argue with her though. Only if she brings the police over, you defend yourself by stating that she was only a temporary guest and she never paid rent. Do not mention that $500 rent was due. Also, be sure that any policeman that may come over is aware that she threatened you and that you are taking out a restraining order against her and that you already filed a police report, and you want her off your property right now. And, she will get her belongings when she pays the $400 she owes you in storage fees.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • amon
    Lv 5
    6 years ago

    Since she is not on a lease, you will have to get an eviction order against her. How that happens will all depend upon the laws of your state, and city.

  • 6 years ago

    You give her notice to vacate in accordance with state law. This is likely 30 days, and the notice starts 12/1, so she has to be out by 1/1.

    Ask her if it would be childish if she asked her boss to pay her on time.

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  • Maxi
    Lv 7
    6 years ago

    Does your landlord know you are sub letting? Do you have their permission to do that?

    Most landlords will not allow this and only a landlord can sign a rental agreement with a tenant...... so depending on where in the world this is and what the laws are there if you are allowed to do this, then it is breach of contract ( verbal) so you give her legal WRITTEN notice to leave and again notice period will depend on where you are

  • tro
    Lv 7
    6 years ago

    post an eviction notice on her door, document it, probably with a dated picture

    give her a specific time to vacate or pay up

    when she fails to do so pack up her things put them in a safe place and change the locks

  • 6 years ago

    She's lived there for 30 days so you will have to evict her.

  • Biff
    Lv 7
    6 years ago

    and did you get anything in writing with her for a rental agreement? you could majorly screwed - at this point, she's been there long enough that you have to go thru your state's legal eviction process

  • 6 years ago

    Your best and fastest option is a restraining order. She threatened you. http://www.nolo.com/legal-encyclopedia/how-evict-r...

  • ?
    Lv 7
    6 years ago

    Legally evict her

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