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  1. #1
    Join Date
    Feb 2010
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    16

    Default Roommate Isn't Paying Rent, What to Do with Her Stuff

    My question involves a roommate in the State of: CA

    We have a new tenant moving in on the 1st. The past tenant decided 5 days ago she wasnt paying July's rent and that she wants to move out. BUT shes not picking up her stuff until the 5th. I have to move her stuff. What do I do?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Roommate Isn't Paying Rent, What to Do with Her Stuff

    There's a huge difference between your tenant saying "I want to move out" and her abandoning the tenancy and leaving her belongings behind. If she remains in residence, you need to evict her.

  3. #3
    Join Date
    Feb 2010
    Posts
    16

    Default Re: Roommate Isn't Paying Rent, What to Do with Her Stuff

    I need to be more specific, I'm sorry. I am a tenant in the house. The girl who lives in the current room, who decided abruptly that she did not want to live here anymore, says shes not paying rent and is moving out, but cannot get her stuff until the 5th. I need it out by the 1st, or I cant get another tenant at all and we're all down 700 on our house payment. She is not on any type of lease. She was in an oral contract but she is saying she is not. Rent issues aside, I'm just wondering, if she is not on the lease and all of her shit is in that room, what can we do to get rid of her stuff?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Roommate Isn't Paying Rent, What to Do with Her Stuff

    This is your roommate (common landlord)? Your subtenant (you're named to the lease, but you're her landlord)? Either way, if you want a tenant out before she voluntarily vacates, the landlord needs to evict the tenant.

    If you pack up her stuff and move it to a secure location for her to collect it, you risk the possibility that she'll claim that you (a) unlawfully evicted her, (b) damaged her belongings, and/or (c) lost or stole her belongings. If you proceed without her permission you do so at your own risk.

    She owes rent at the agreed rate through the date she vacates, perhaps longer depending upon how much notice she gave. That sounds like something you would have to address through small claims court.

  5. #5
    Join Date
    Feb 2010
    Posts
    16

    Default Re: Roommate Isn't Paying Rent, What to Do with Her Stuff

    She agreed that i can move her stuff "as long as nothing is broken or stolen". This seems like a liability. what do you think?

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