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  1. #1

    Default Roommate Has Failed to Pay Rent, Can I Withhold His Belongings Until He Does So

    I have a roommate who has not paid rent and has caused me to be late by 15 days, nearly come to eviction.

    I have currently locked the door to the house which he cannot enter until he pays for his delinquent rent amount.

    Now, he isn't on lease and no contract was made, but there are messages of promised money and so forth between us.

    He is 29years old. However, my question is am I allow to pawn his belongings for the delinquent amount of rent that he owes?

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Roommate Has Failed to Pay Rent, Can I Withhold His Belongings Until He Does So

    Quote Quoting KrystalXHeartz
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    Now, he isn't on lease and no contract was made, but there are messages of promised money and so forth between us.
    If there is no written lease/agreement between you, how is he delinquent in his rent? Absent a contract, his contributions could be viewed as voluntary.

    Does your landlord know you have an unauthorized sub-tenant? What does your lease with your landlord say about such things?

    Quote Quoting KrystalXHeartz
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    However, my question is am I allow to pawn his belongings for the delinquent amount of rent that he owes?
    Absolutely, positively not. That's a good way to wind up in jail.

  3. #3
    Join Date
    Oct 2014
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    8,238

    Default Re: Roommate Has Failed to Pay Rent, Can I Withhold His Belongings Until He Does So

    Quote Quoting KrystalXHeartz
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    I have a roommate who has not paid rent and has caused me to be late by 15 days, nearly come to eviction.

    I have currently locked the door to the house which he cannot enter until he pays for his delinquent rent amount.
    I suggest you take that lock off immediately. You don’t have a right to simply lock out another tenant because he has not paid his share of the rent. Doing that can cause you serious legal problems. While you don’t have a written lease, you do have a verbal lease agreement. He is a sub-tenant and you are his landlord. You need to go follow the proper eviction procedures to get him out, you cannot just lock him out.

    Quote Quoting KrystalXHeartz
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    He is 29years old. However, my question is am I allow to pawn his belongings for the delinquent amount of rent that he owes?
    Absolutely not. Taking his stuff and selling it would amount to theft, and you definitely do not want to wind up facing prosecution for a theft offense over this. To get your money, you need to sue him for it in court.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Roommate Has Failed to Pay Rent, Can I Withhold His Belongings Until He Does So

    Quote Quoting KrystalXHeartz
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    I have a roommate who has not paid rent and has caused me to be late by 15 days, nearly come to eviction. I have currently locked the door to the house which he cannot enter until he pays for his delinquent rent amount. Now, he isn't on lease and no contract was made, but there are messages of promised money and so forth between us. He is 29years old. However, my question is am I allow to pawn his belongings for the delinquent amount of rent that he owes?
    You've already committed one illegal act (the lockout) which can get you civil penalties and now you want to commit a criminal act that can get you jail. Not too bright.

    Post the name of your state and we'll show you the laws about what you have to do in the case of rent default.

    Quote Quoting free9man
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    If there is no written lease/agreement between you, how is he delinquent in his rent? Absent a contract, his contributions could be viewed as voluntary.
    No.

    An oral month to month agreement, with a specified rent payment date, is an enforceable contract.

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