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  1. #1
    Join Date
    Aug 2007
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    4

    Default Evicting Someone Not On The Lease

    Hello everyone!

    Long story short, I have a roommate whose boyfriend sleeps over every night. He is not on the lease, and he doesn't pay rent. We don't have any sort of agreement about having him stay there. I've tolerated him for awhile but it is really starting to annoy me. When he is there the door is left unlocked (he doesn't have a key so that is the only way for him to get in and out of the unit). Some of my things have been missing lately, and I am seriously worried about theft in my apartment. I have e-mailed the management office two weeks ago and have received no response. Is there anything I can do to protect my property and to get this guy out of there?

    Thank you for your help! I really appreciate any and all advice.

    ~ Kyleila

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Evicting Someone Not on Lease

    everything is dependent upon what your lease directs.

    If it does not allow overnight guests, then even you are subject to eviction due to this.

    I would suggest an "in person" talk with management and find out what your lease allows and what actions THEY can take to boot the guy.

    If there is no restriction by the lease, not much you can do.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Evicting Someone Not On The Lease

    Quote Quoting Kyleila
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    Hello everyone!

    Long story short, I have a roommate whose boyfriend sleeps over every night. He is not on the lease, and he doesn't pay rent. We don't have any sort of agreement about having him stay there. I've tolerated him for awhile but it is really starting to annoy me. When he is there the door is left unlocked (he doesn't have a key so that is the only way for him to get in and out of the unit). Some of my things have been missing lately, and I am seriously worried about theft in my apartment. I have e-mailed the management office two weeks ago and have received no response. Is there anything I can do to protect my property and to get this guy out of there?

    Thank you for your help! I really appreciate any and all advice.

    ~ Kyleila
    Regardless of what the lease says the tenant has certain rights and does the landlord. Most residential leases contain an implied warranty of habitability. This implies the landlord must provide essential services, safe and livable or habitable. The landlord may break the lease if any additional tenant moves in, despite being a spouse. However, in some states this waived, only if the original tenant remains in the residence. If two roommates rent a residence, then each is responsible for half of the rent. When one roommate moves out, then the other roommate is totally responsible, for paying the entire rent. A lease contract could have "acceleration clauses," which means that the tenant is liable paying the rent during the duration of the lease, even if the tenant moves out earlier.

    You may want to meet with your landlord and explain the situation. If you believe the boyfriend is making your home unsafe, you might discuss moving out and your roomate being responsible all the rent.

    Discussion about payment of rent might motivate the landlord to review who is living there and paying rent.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Evicting Someone Not On The Lease

    Quote Quoting deadlock
    View Post
    Regardless of what the lease says the tenant has certain rights and does the landlord. Most residential leases contain an implied warranty of habitability. This implies the landlord must provide essential services, safe and livable or habitable. The landlord may break the lease if any additional tenant moves in, despite being a spouse. However, in some states this waived, only if the original tenant remains in the residence. If two roommates rent a residence, then each is responsible for half of the rent. When one roommate moves out, then the other roommate is totally responsible, for paying the entire rent. A lease contract could have "acceleration clauses," which means that the tenant is liable paying the rent during the duration of the lease, even if the tenant moves out earlier.

    You may want to meet with your landlord and explain the situation. If you believe the boyfriend is making your home unsafe, you might discuss moving out and your roomate being responsible all the rent.

    Discussion about payment of rent might motivate the landlord to review who is living there and paying rent.
    I'm sorry Aaron, i tried but after this post I could not help myself.


    All signatory leasees are equally and severably liable for the rent, in whole, unless stipulated otherwise in the lease. That means that anybody that signs the lease as a tenant is liable for the entire amount of the rent ,unless stated otherwise within the lease.

    If the lease is abandoned, the LL can sue either or both tenants for the amount due him. It would be up to the individual tenants to settle it between themselves.

    If one room mate moves out, they are BOTH still liable for the rent payments (just as before, equally and severably)until the lease end. You cannot remove liability simply by running away.

    A landlord has very limited requirements as to providing a safe environment. He is not liable for things beyond his control.

    Not sure what the spouse situation has to do with OPs situation. A boyfriend is not a spouse. If the lease does not allow additional tenants or stay over guests, then any action contrary is a violation of the lease. In some states a cure or quit notice is required which allows you to remedy the situation or be evicted. In some states, the violation is simply enough for the LL to terminate the lease and evict.

    acceleration clause???? hhmm, sounds like something in a LOAN agreement, not a lease. Not sure what was being implied. Simply put, a lease for a definate time period is just that. It means whomever signs the lease is bound by that lease for that period of time and responsible to act as contracted until it expires or is voided.

    If a person (or group) moves from a leased apartment, they are still liable for the rent for the duration of the lease OR until the apartment is re-rented. In some states, there is a very strong requirement to attempt to lease the apartment, in a few, the requirements are very weak.

    as I said before, your lease will direct you as to what is allowable and what is not. If an additiaonal tenant is not allowed without permission, then what is happening is in violation of the lease and both the leasees are in jeopardy of being evicted.

    A good realtionship with the LL and discussing the problem is often the best way to remedy the situation without jeopardizing your residence any more than neccessary.

    This is not a new problem for the LL (unless they started being a LL yesterday) so they can tell you what they expect and what actions they will take given the situation.

    The LL may be willing to void the lease at your request but it would take your room mates aggreement to do so without more involved actions. Some LL's simply do not care and will simply tell you to act as required or face eviction. In which case, if the room mate fails to cure the situation, you may have an action against her, should you desire to follow it but that is for the future.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Evicting Someone Not On The Lease

    Kyleila,

    Since I have been a landlord for commercial and residential property for over 20 years, I might be able to help you with the exact landlord tenant law of your state.

    Please send me a PM and I will continue to try to help you. As a landlord, I dealt with this exact situation 2 years ago.

    I choose not to continue to post on this thread because of the above person's ongoing harassment of me on this forum.

    For you JK, I believe you seriously have problems with the ability to look up statutes and codes. You use a very common manipulative tactic of challenging another member to "prove" and in so doing you then receive the correct information.

    It is obvious that this is your approach as you continue this type of harassment with me and I can show you post after post where you have been proven inaccurate. The first one that comes to mind is when you have stated a doctor can terminate a patient relationship anytime for any reason. You are wrong. Get over it.

    You are transparent. I refuse to continue to take your bait.

    Get lost and do your own research.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Evicting Someone Not On The Lease

    ok, since your other post indicates california as your state of residence, here is a link that may be of help. You do not need to take my word on what I have posted, the link, as you can see is from the state of California.

    http://www.dca.ca.gov/publications/l...ok/index.shtml

    specically the section of "dealing with problems" the sub-section concerning habitability.

    terminations and evictions, sub section; 3 day notice (concerns whether the unwanted room mate is acceptable or not):
    A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following: 252

    Violated any provision of the lease or rental agreement.

    If the three-day notice is based on something other than failure to pay rent, the notice will state whether you can correct the problem and remain in the rental unit (see three-day notice above). If the problem can be corrected and you want to stay in the rental unit, you must correct the problem by the end of the third day. Once you have corrected the problem, you should promptly notify the landlord or the property manager.
    section: resolving problems, sub scetion: talking with your landlord

    concerning simply leaving an letting the other person pick up the rent. First, this is actually a function of contract law. On that same link though under "living in the rental unit" it explains some of the point I was making. Your rental agreemnet is in force until acted upon by another contract. (see under sub section of "subleases and assignments")

    for some more specific info on why you cannot simply leave a lease, see section "before you agree to rent, sub-section; leases" In there you should notice it states:

    It is important to understand that, even though the lease requires the rent to be paid monthly, you are bound by the lease until it expires (for example, at the end of 12 months). This means that you must pay the rent and perform all of your obligations under the lease during the entire lease period.
    and:

    The disadvantage of a lease is that if you need to move, a lease may be difficult for you to break, especially if another tenant can't be found to take over your lease. If you move before the lease ends, the landlord may have a claim against you for the rent for the rest of the lease term.
    I will more than gladly qualify any of my posts to assure you of the correctness of each of them.

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