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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Roommate Moved Out, Moved Back In, Won't Leave

    My question involves a roommate in the State of: PA

    Ok...

    we had a verbal agreement with the landlord that if we could rent the apartment we would fix the place up(landlord paid for supplies, we did the work) and then move in. He agreed. We fixed the place up and moved in at the end of Feb. The lardlord gave us free rent till April for doing the work. We never had a written lease agreement to occupy the apartment. It was just a verbal agreement that if we could remodel the place that we would then move in.

    Everything was going fine intill my roommate decided to move out at the end of July. He moved to NJ and rented an apartment(signed a lease) and took a job at a car dealership. We split the rent 50/50 ($450/2=$225). The last month that he paid rent was for the rental of the apartment in July.

    He then moved out maybe like July 29th. On August 1st I went to the real estate office to pay rent. I paid the full amount of $450 and said that my roommate moved out, The lady that worked there said she already knew. I allowed him to keep the key for the apartment since I allowed him to leave some of his things there since he rented a furinshed place, I was good friends with him so I really didn't have a issue. It was a 2 bedroom place and it was only me. I did tell him/ask him to take his stuff if he needed it cause I didn't and he never took anything.

    Well....this Monday(2 months later) when I came home he decided to move back in without asking. I bitched him out and said he needs to move out that I'm not cool with him moving back in. I paid the last 3 months rent in full(including October, so he is currently freeloading). I stopped at the real estate office twice this week and asked to speak to the landlord about the situation. He wasn't in both days and hasn't called me back. I did explain to his assitant whats was going on and how i'm not to happy with the situation.

    We haven't said a word to each other since I told him he needs to leave on Monday. He went to NJ for the weekend to go to his gf's house. I have decided to print a letter up that says i'll give him till Wed, which is 10 days after I told him to move out to leave. If he doesn't i'm going to file a trespassing complaint. Can I legally do this. I know the biggest thing is that we don't have a signed lease agreement. Its just a horrible situation and I really don't even feel like staying at my own apartment. My biggest concern is that he is good friends with the landlord and somehow I might get screwed, I did check in the records office on Wed, and there is nothing on file of us living in that apartment.The only thing we got was a letter stating that we need to start paying rent. The only ulility we have to pay is the electric and the landlord has been doing that and its still under his name. I do though have a PO Box in my name for that address and I did get internet installed under my name for that address. What can I do to get him out of the apartment?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Roommate Moved Out, Moved Back In, Won't Leave

    Is your roommate on your lease or not? If so, as long as that remains the case they're entitled to stay in the apartment.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Roommate Moved Out, Moved Back In, Won't Leave

    Quote Quoting Mr. Knowitall
    View Post
    Is your roommate on your lease or not? If so, as long as that remains the case they're entitled to stay in the apartment.
    roommate had to move out...he broke the verbal month to month lease by not paying the rent and moving out for longer then a month. He also told the landlord that he would pay half the rent while he was gone and did not. I did not receive a penny from him from august 1st till today and the landlord agreed with me. He has till 5pm Friday to get out or the police will be involved.

  4. #4

    Default Re: Roommate Moved Out, Moved Back In, Won't Leave

    The police won't be able to assist you. They'll tell you that you need to take him to court to have him evicted and deal with any monies owed for past rent. He had stuff there, even if he wasn't there, he had a key, and you've got nothing in writing stating any agreement or other factor that would have changed his status from resident to violator. If you had called police the moment he came BACK, you might have had a leg to stand on. But you allowed him to stay, and then confirmed that he was still a tenent by giving him a notice to leave. Since he's a tenant, he has rights and you'll need to follow the eviction process to get him out.

    Never never never rent or have roommates without a LEASE!
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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