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  1. #1

    Default Convincing a Lodger to Move Out

    My question involves criminal law for the state of: Washington

    I'm wondering if I can ask for legal advise on a matter affecting my living situation as well as that of 7 others in a house. Kinda torn right now and I think it would be a great benefit to know the legal implications before I talk to the landlord tomorrow afternoon.

    There was recently a dispute between two tenants in our house, a guy and a girl. They didn't end up getting along, and they got into an argument which ended in the guy kicking her door and damaging it (but not opening it). She wants him out of the house but the rest of us want him to stay. She is threatening legal action. He wants to become a Navy Seal - which means he CAN NOT be charged with any type of serious legal action. The landlord tried to tell her to just leave herself because that would make the most sense - but she wants to stay. We are uncomfortable living with her now and also want to leave with the guy. She doesn't want the other six of us to leave, because she would have to find new people, and told us if we leave she will file legal action against the guy. So in a way we feel like we are being blackmailed to stay with her. We really want to stay in the house and just want her gone.The landlord wants her gone too because he would rather loose one tenant than seven.

    Also, she is leaving for Spain in 2 weeks, and I don't think she really feels she is in danger - she just doesn't get along with us. If she really was in danger - my thinking is she could just move out. This situation is even more strange because none of us have signed the lease yet - which is why I don't get why she doesn't just leave. My question for you is could she win this legal action? If so, how long would it take her? Would she even win anything? This happened at a party that she hosted & she has a keg purchased in her name & served drinks to minors so I don't think anyone would really win if she wanted to do this. I just want to figure out a way to be sure that she won't do this by telling her what this would involve - any hopefully she will realize that noone wins and just leave? But I need help! How can we get her to leave without worrying about my friends future career?

    Sorry this is long, but I would really appreciate any advise - I am at a loss here about what to do.

  2. #2
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    Default Re: Convincing a Lodger to Move Out

    Quote Quoting tylersbrown01
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    He wants to become a Navy Seal - which means he CAN NOT be charged with any type of serious legal action.
    That's something to think of before you try to kick somebody's door down.
    Quote Quoting tylersbrown01
    We are uncomfortable living with her now and also want to leave with the guy.
    You are stating that if the guy who tried to kick down the door moves out, you want to move out as well?
    Quote Quoting tylersbrown01
    She doesn't want the other six of us to leave, because she would have to find new people....
    Are you renting the home collectively, or are you each individually renting rooms directly from the landlord?
    Quote Quoting tylersbrown01
    ...and told us if we leave she will file legal action against the guy. So in a way we feel like we are being blackmailed to stay with her.
    And she likely feels like you are blackmailing her to force her out, despite her being a victim of abusive behavior by your friend.
    Quote Quoting tylersbrown01
    Also, she is leaving for Spain in 2 weeks....
    In which case, why don't you suck it up for two weeks -- then she's gone?

    Why do you believe that she would want to find a new place to live for two weeks before she leaves the country? Why do you believe that to be a reasonable demand to make?
    Quote Quoting tylersbrown01
    This situation is even more strange because none of us have signed the lease yet - which is why I don't get why she doesn't just leave.
    Maybe she wants to live there. That doesn't seem unreasonable, given that you want to live there.

    Incidentally, signed lease or no, if you're paying rent monthly then you're a month-to-month tenant. You may also have an oral lease the landlord can enforce, depending on the full facts.
    Quote Quoting tylersbrown01
    My question for you is could she win this legal action?
    So far, any legal action would appear to be imaginary. What exact legal action are you anticipating?

    If you're asking whether the police will prosecute somebody for trying to kick in a roommate's door in a fit of rage, while the roommate cowers inside, it's a real possibility.

  3. #3

    Default Re: Convincing a Lodger to Move Out

    Thank you for your response. Let me first answer your questions:
    1. Yes, we would like to move out with him and try to keep our group together if possible. We have stated to her that we would be okay living with her if there was a way she could forgive him, but she has made it clear that she does not want to live with him. Let me also state that moving out is a pain for anybody, we are trying to avoid that.
    2. We are all individually renting rooms, but if one person does not pay the rest of us are liable to cover the cost.
    3. She will be leaving for Span in two weeks, and will be back to the house after 3 months for the remainder of her 12 month lease. She wants him out before she leaves for Spain.

    So hopefully that helps answer your questions. I don't think she will actually pursue legal action, but it is a real possibility. Would would help me is I would like to know the details if she decided that that was what she was going to do. In the event that she and him argued, and it ended with him kicking the door and leaving, and her cowering inside, what would the process look like from her standpoint? How long would it take her and what could she do to him? I really do believe that this is more about her wanting her own people in the house and the legal action is more of a way for her to get that to happen. That being said, it is a legitimate course of action for her. We are just frustrated she wasn't able to forgive him. They have been living together after the incident, but avoiding each other as much as possible for the past few days. He did apologize, and the rest of us just don't want a situation where everyone has to move out.

    What I want to be able to say to her is that everyone stays in the house because we all agreed to be roommates, and that if someone doesn't feel like they are getting along, they should just leave. I wish it was that simple.

    Furthermore, what do you think is the right thing to do?

  4. #4
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    Default Re: Convincing a Lodger to Move Out

    Quote Quoting tylersbrown01
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    2. We are all individually renting rooms, but if one person does not pay the rest of us are liable to cover the cost.
    No, that's not the way it works. You don't have a lease or written agreement, you can't substantiate any such agreement between yourself and the girl, and you aren't going to be able to move out and stick the girl with the rent you fail to pay.
    Quote Quoting tylersbrown01
    She will be leaving for Span in two weeks, and will be back to the house after 3 months for the remainder of her 12 month lease.
    You told us that there isn't a lease.
    Quote Quoting tylersbrown01
    Would would help me is I would like to know the details if she decided that that was what she was going to do. In the event that she and him argued, and it ended with him kicking the door and leaving, and her cowering inside, what would the process look like from her standpoint?
    You again have to give us the details about your imaginary legal action. Are you imagining a criminal complaint? Are you imagining a petition for a protective order? Are you imagining something else?
    Quote Quoting tylersbrown01
    ...and the rest of us just don't want a situation where everyone has to move out.
    Well then, it's a good thing that you don't have to move out. It would be a matter of choice.

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