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  1. #1
    Join Date
    May 2010
    Posts
    2

    Question Housemate / Tenant is a Pothead and Won't Pay Rent

    My question involves landlord-tenant law in the State of: Arizona

    I own my home in Phoenix (Maricopa County), Arizona. I recently came into financial trouble via a bad car accident, and decided to get a roommate to help pay bills. My roommate paid the first months rent, plus half the security deposit ($300 total). Since then, getting money for rent or bills has been like pulling teeth on a fish. Since February, he has paid me $400 total, always citing back child support as his reason for not paying. When I told him he owed be $107 for bills, he paid $100. He spends his money on weed and thinks it's okay to just pay me whatever, whenever. (Loser!)

    I made him sign a lease that specified I needed 30 days notice before move out, and that there was a $25/day late fee for late rent. I felt bad for him but got fed up with him when I got up one morning and there were 3 people over smoking weed with him in my backyard. I gave him a week's notice to pay at least half the rent, or he would get kicked out. When I totalled it up, it came to $808, minus the last week's late charges. He told me that was a ridiculous amount, and that he would be moving out (no written notice, though). I told him if he didn't pay, I would see him in court.

    I've never taken anybody to court, and I'm not a professional landlord! Can I even take him to court? Also, he is taking his sweet time getting his crap out of my house... What are the rules for getting somebody's junk out of my house? What exactly do I need to do to get that back rent in court? He also tells me that I never gave him receipts.. when I did, and he just left them on the table forever, same thing with the lease, and no matter how often I reminded him to grab them, he didn't, so I stuck everything in with my copy of the lease. He says the receipts thing means he can't sue me. HELP?!?!?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Housemate / Tenant is a Pothead and Won't Pay Rent

    Hand deliver a written notice to him to pay up or leave. Clearly, he's not interested in paying up, so when the notice period expires, initiate formal eviction proceedings.

    That said, you may have difficulty collecting the late fees. The rent, certainly you'll prevail on, but the statutes only allow "reasonable" late fees.

    $25 PER DAY is almost certainly not going to be considered reasonable.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Housemate / Tenant is a Pothead and Won't Pay Rent

    OK I figured I wouldn't get the late fees, I just wrote them in there hoping that would motivate him to pay rent instead of buying weed. Thanks for the info.

    Another question- He is already moving out. To make it official, should I go ahead with the eviction notice, or just try to get the rent and bills paid back in court? Not sure how this all is supposed to work. I'm a music teacher, this is not really up my alley.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Housemate / Tenant is a Pothead and Won't Pay Rent

    If it were me, I'd make it official, in the interests of keeping my ample backside properly covered.

    You want to close off the "But he illegally evicted me!" avenue.

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