How do you get rid of a unwanted roommate?

  • TENNMAN07

    Posts: 18

    Nov 05, 2011 5:12 AM GMT
    I lost my job in April 2010 and to be able to keep the rent and utilities paid I got a roommate. The condo is only leased to me and I lived here by myself until I lost my job.
    The current guy that I have living here now, I have left him 2 letters telling him that I wanted him to move out. This is the 3rd time he has been late with his rent and he has never cleaned the bedroom he uses or the bathroom that he uses since he has lived here. I ended up cleaning the bathroom a couple weeks ago and it took 2 hours to clean all the black off the tub and clean the floor and toilet, the toilet was covered with hair from the top of the tank to the bottom. The bedroom has trash all over the floor, clothes, dirty dishes and the smell is bad.
    Does anyone know what I need to do to get rid of this guy. I have never lived with anyone that lives so dirty.
  • Posted by a hidden member.
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    Nov 05, 2011 5:17 AM GMT
    Did he sign something?

    ALWAYS make them sign a rental agreement.



    In your case, I would simply write a carefully worded list of grievances...
    Take said list (Written on card stock), roll it into a bludgeon, and rush him with it. Between hits just insult his looks... maybe choose a select few points on the list to bring up, also.... Just be sure to be yelling, the more indiscernible grunts, the better. If you can make your face go beet-red, that's even better.

    He might think you've randomly snapped and gone insane and are now dangerous... This is what we want. He will fear for his life. He will leave within 3-4 days.
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    Nov 05, 2011 5:36 AM GMT
    shotgun and shovel
  • brendanmuscle...

    Posts: 593

    Nov 05, 2011 6:42 AM GMT
    I agree. you need to be careful how you proceed with this. He may be able to (i'm sorry to say) fuck you over based on what YOUR lease terms are. If he's not a legal lessee, he could threaten to inform your leasor/landlord if you push him about it. If he did this (again, if he's not a legal lessee) you could be yourself at risk of having your lease terminated and relocating.

    If you live in a place that is rent controlled, or rent stabalized, this is even more concerning and should be taken into account, as your lessor has more motive to kick you out, if he can.
  • rnch

    Posts: 11524

    Nov 05, 2011 1:06 PM GMT
    do you and mr. pig have a signed, notarized sub-lease?

    ANYTHING in wiriting about him moving in with you?

    more important...does he have a copy of any of the above?

    if not...

    while he is at work, pile his stuff into garbage bags, toss it out into the hallway, change the locks and be done with the dirty fool!


    icon_mad.gif
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    Nov 05, 2011 1:11 PM GMT
    rnch saiddo you and mr. pig have a signed, notarized sub-lease?

    ANYTHING in wiriting about him moving in with you?

    more important...does he have a copy of any of the above?

    if not...

    while he is at work, pile his stuff into garbage bags, toss it out into the hallway, change the locks and be done with the dirty fool!


    icon_mad.gif


    He may be a tenant with rights even if his sublease agreement is only a month to month oral lease. OP may have to evict him legally unless he can convince him to get out.
  • Import

    Posts: 7190

    Nov 05, 2011 1:32 PM GMT
    maybe u could talk to ur landlord? tell him/her the situation. I know a landlord is not a referee, however the landlord just may side with you and want him out as well. .

    otherwise, u should wait til the end of ur lease and move the fuck up out of there. nah mean?

    just hightail it outta there so fast
  • vintovka

    Posts: 588

    Nov 05, 2011 1:39 PM GMT
    Another point to consider--has he been paying in cash or by check? If the latter then he can document that he is paying rent and might qualify as an at-will tenant. It looks like in TN he is then considered a month-to-month tenant--see link below. It looks like you give him 30 days and toss him, but you would want to check into that a bit more.

    Here is actually a pdf pamphlet for TN from the consumer protection division:

    http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB4QFjAA&url=http%3A%2F%2Fwww.tn.gov%2Fconsumer%2Fdocuments%2FLandlordTenantBrochure.pdf&ei=Bzu1TvfwIqSy2wXGqMnMDQ&usg=AFQjCNF6c9pKUX8NVZRJIkR0dwnrJ6yYew&sig2=VVxzb9F2x7KHT5YP0gsPqg

  • Posted by a hidden member.
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    Nov 05, 2011 1:42 PM GMT
    give him an 30 day eviction notice. or do it for the end of november ie not a move out notice. make sure you have pictures of the mess he makes.

    do you have friends that can move his belongings out if need be? change the locks.

    get a proper eviction notice from your local landlord tenant board. attempt to keep it at the lowet level possibe.
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    Nov 05, 2011 1:44 PM GMT
    Import saidmaybe u could talk to ur landlord? tell him/her the situation. I know a landlord is not a referee, however the landlord just may side with you and want him out as well. .

    otherwise, u should wait til the end of ur lease and move the fuck up out of there. nah mean?

    just hightail it outta there so fast


    I agree with this, or if he does not know when your lease ends, tell him it is ending in 2 months and you are not renewing.

    Get a few boxes out pretend to pack....make him move...then cut off contact.

    I think you are fucked though.
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    Nov 05, 2011 1:45 PM GMT
    maybe you could talk to him...it doesn't seem that your notes worked...and you didn't mention anything about talking to him about the issue.

    Maybe you did...just keep cleaning his stuff...It might annoy him as much as the mess annoys you...

    To get condo fees from someone, I called their boss when they were late and not meeting obligations and not communicating...I got the funds in three days after talking to the boss and leaving a detailed message with the bosses secretary of why I called..because NO boss wants to deal with that kind of person...its a tactic..

    good luck man...
  • rnch

    Posts: 11524

    Nov 05, 2011 1:48 PM GMT
    garycally saidmaybe you could talk to him...it doesn't seem that your notes worked...and you didn't mention anything about talking to him about the issue.

    Maybe you did...just keep cleaning his stuff...It might annoy him as much as the mess annoys you...



    yeh....rite icon_rolleyes.gif

    perhaps in "fantasyland" @ "wallyworld".....


    icon_lol.gif



  • HndsmKansan

    Posts: 16311

    Nov 05, 2011 1:50 PM GMT
    If you live in Tennessee (or whatever state), you need to know your landlord tenant laws that are unique to your state.

    NEVER, never sublease to anybody without an agreement in writing, make sure you know your laws (along with your rights and those of any potential tenant). You also need to convey your expectations of him or her as a tenant, including the cleanup as required. Filthy bathrooms and other areas are a health hazard. You have reasons to have them evicted.
    I just wish you had done this initially. When there were violations, you should have given them a letter (which pointed out the violations) and gave them a deadline to solve it or face eviction. Only then do you force an eviction based on their failure to live up to the sublease contract.

    Now if you never did thiis, you have a problem. My suggestion is, you need to talk to him, explain what the issues are and that if he is to stay, he needs to solve them immediately. Give him a letter afterward, reinforcing what you said verbally and give a date to comply or leave. At least then,
    you have some degree of legality to it should things blow up.
    Understand, ultimately you might have to resort to legal action. You must have taken the proper legal steps in order for the action to be in your favor.
    Without an eviction notice, you have no grounds to force him out.
  • rnch

    Posts: 11524

    Nov 05, 2011 1:55 PM GMT
    HndsmKansan saidIf you live in Tennessee (or whatever state), you need to know your landlord tenant laws that are unique to your state.

    NEVER, never sublease to anybody without an agreement in writing, make sure you know your laws (along with your rights and those of any potential tenant). You also need to convey your expectations of him or her as a tenant, including the cleanup as required. Filthy bathrooms and other areas are a health hazard. You have reasons to have them evicted.
    I just wish you had done this initially. When there were violations, you should have given them a letter (which pointed out the violations) and gave them a deadline to solve it or face eviction. Only then do you force an eviction based on their failure to live up to the sublease contract.

    Now if you never did thiis, you have a problem. My suggestion is, you need to talk to him, explain what the issues are and that if he is to stay, he needs to solve them immediately. Give him a letter afterward, reinforcing what you said verbally and give a date to comply or leave. At least then,
    you have some degree of legality to it should things blow up.
    Understand, ultimately you might have to resort to legal action. You must have taken the proper legal steps in order for the action to be in your favor.
    Without an eviction notice, you have no grounds to force him out.




    HK: IF there never was a formal, written lease or sublease with the slob of a roommate, IF he just let the slob move in with an informal, verbal promise from him to pay part of the rent...why couldn't he just stack his stuff in the hallway and change the door locks?

    unless i am missing it; i don't see any indication in the OP's initial post that any formal sublease rental agreement exists?
  • Posted by a hidden member.
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    Nov 05, 2011 1:55 PM GMT
    now thats not good
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    Nov 05, 2011 1:59 PM GMT
    Put his shit out on the lawn and change the locks.

  • alphatop

    Posts: 1955

    Nov 05, 2011 2:00 PM GMT
    rnch saiddo you and mr. pig have a signed, notarized sub-lease?

    ANYTHING in wiriting about him moving in with you?

    more important...does he have a copy of any of the above?

    if not...

    while he is at work, pile his stuff into garbage bags, toss it out into the hallway, change the locks and be done with the dirty fool!


    icon_mad.gif


    ^^
    This. ASAP.
  • HndsmKansan

    Posts: 16311

    Nov 05, 2011 2:01 PM GMT
    rnch said
    HndsmKansan saidIf you live in Tennessee (or whatever state), you need to know your landlord tenant laws that are unique to your state.



    HK: IF there never was a formal, written lease or sublease with the slob of a roommate, IF he just let the slob move in with an informal, verbal promise from him to pay part of the rent...why couldn't he just stack his stuff in the hallway and change the door locks?

    unless i am missing it; i don't see any indication in the OP's initial post that any formal sublease rental agreement exists?



    First, while I have a legal education, I am not a "landlord/tenant attorney",
    I'm a financial planenr... so to get proper legal information in his state, he would need to see an attorney there and get proper information.

    If no agreement exists, and if it was a "tenancy at will", most states may still require a 30 day notice to be given in writing for the tenant to leave
    and if he doesn't, he landlord will need to seek relief through the courts.

    Throwing the guys stuff out in the yard may precipate other legal matters like assualt and battery....LOL
  • Posted by a hidden member.
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    Nov 05, 2011 2:02 PM GMT
    GrowAPair saidPut his shit out on the lawn and change the locks.



    +1 I agree with this.....

    I worked in real estate for years....the cheapest way to get rid of a bad tenant is to pay there moving expenses and first months rent at new place.

    Also, give them a great reference.
  • Posted by a hidden member.
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    Nov 05, 2011 2:06 PM GMT
    Doesn't clean his room?

    It's his room.

    Get over it.

    I hate my room being clean, absolutely hate it.

    The rest of the house, yes. As it's shared. But his room is his domain and should be respected.
  • alphatop

    Posts: 1955

    Nov 05, 2011 2:10 PM GMT
    Kristoff saidDoesn't clean his room?

    It's his room.

    Get over it.

    I hate my room being clean, absolutely hate it.

    The rest of the house, yes. As it's shared. But his room is his domain and should be respected.


    Exactly. It's his ROOM, not pigsty. icon_rolleyes.gif
  • HndsmKansan

    Posts: 16311

    Nov 05, 2011 2:17 PM GMT
    Well with some of the above replies, I see why the court system is full of
    people arguing over actions that weren't appropriate in the first place.....

    If he decides to throw the stuff out in the yard, maybe we'll hear about it on
    the "Peoples Court" or even "Judge Judy".... that would be interesting wouldn't it? haha

    icon_mad.gif
  • Posted by a hidden member.
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    Nov 05, 2011 2:20 PM GMT
    TENNMAN07 saidI lost my job in April 2010 and to be able to keep the rent and utilities paid I got a roommate. The condo is only leased to me and I lived here by myself until I lost my job....

    What is your financial situation now? Still need the help of a roommate to stay there? If so, then first, find out what your lease allows. You may have been illegal all along, and if your landlord learns of this, you're both out of there. Your roommate may be vindictive enough to inform him, if he feels he has nothing to lose, gonna be kicked out by you anyway. And then he can skip on his overdue rent, too.

    If you can have some sort of roommate arrangement legally, then start looking for his replacement now. When you've got one lined up then inform the slob he's gotta make way for the new guy. This helps to reduce the gap when you'll not have a paying roomie. Of course I know showing the place may be a challenge when Mr. Pig still has it trashed. But a new roommate, perhaps this time with a signed sublease, or an alteration to your own lease (I did that with my first partner), may give you some legal leverage to evict him.

    With so many potential legal issues, each State being different and leases not all worded the same way, you may just have to consult with an attorney who knows Tennessee housing laws.
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    Nov 05, 2011 2:32 PM GMT
    I can't help but think some of this is your fault. Why didn't you do a background check on this dude? You can screen room mates and it's not illegal.

    As to your original question I would probably check on whatever laws your state has about this type of stuff. If he signed a contract of sorts then he and you are both bound to it and you should be able work that angle. If it was a verbal agreement then that's where it becomes tricky because it turns into a case of hearsay and "he said/he said".

    The fact that he missed rent 3 times is something to raise a brow to. I would've had him gone the minute he missed rent the 1st time since most people usually move in with at least 1st & last months rent but since you didn't do a background check to see if he was able to pay rent at all then...meh!

  • Posted by a hidden member.
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    Nov 05, 2011 2:48 PM GMT
    Evicting tenants really depend on the laws of your state. Do consult with a realtor,lawyer, property manager in your area who is familiar with rental laws of your state. But as many mentioned, even if you sublease a room out you should always make that tenant sign a rental agreement. On top of that you need a copy of his drivers license so that you have something to go on when things go south. Most states you can serve him a 3 Days notice to pay or quit. If he is behind a month on rent or hasn't paid rent within the agreed grace period you have grounds to serve him a 3 day notice to pay or quit. If he doesn't then you can take this to court and get the eviction notice to him. Good luck!