Help Evicting a Roomate

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jhowey

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Hi - my finance and I are living with a man (Mr. S.) who makes us extremely uncomfortable and feel unsafe in our apartment. He has done several things to make us concerned, including holding a house meeting to tell us and our other roommate that he is addicted to pornography. As the only female in the house I am extremely concerned with Mr. S. living here and he knows it. I expressed the inappropriateness of his disclosure and he has since singled me and my fiancé out and has started to act out. He has begun placing personal objects around the house, family photos, etc. which he has never done before, as we agreed the common areas are to remain neutral. Also, our other roommate came home one night to find his box of kosher salt teetering by the trash can. When he asked Mr. S. about it, he stated that he removed the box from the cabinet because he suspected that I and my fiancé had bought the kosher salt to make fun of him because he looks Jewish. We have never said or thought anything to this extent, and it was our other roommate who had purchased the salt and told him so.

Mr. S. has become increasing paranoid and has since done things like accusing me of leaving the TV on when I saw him watching it minutes ago and was never in the living room. However, most disturbingly, I came home the other evening to find our bottle of vodka and a full glass set up perfectly on display on our dining room table. This sent me into a panic because I new he had put it there on purpose because he rarely drinks and had been acting out lately by placing more objects around the apartment. I immediately confronted him and called my fiancé to come home, I was literally shaking and felt sick to my stomach. When I confronted him he admitted to placing it there on purpose to get a reaction out of me and to let us know that he is in control of the apartment.

That night we had a house meeting, with him and our other roommate (who is now moving out because of the situation) to address what happened and ask him why he keeps placing objects around the house and acting out in this way. Mr. S. replied that it is his way of taking control of the household. We then asked him to stop doing these things, as we have many times before, because his actions are causing us emotional distress and to fear for our well being, and he said he would not promise to stop. We have since asked him to move out and he is refusing to leave until June 1. This will not work for us as we are scared that his actions will progress and do not feel safe living here.

My fiancé and I are the only names in the first paragraph of the lease which states "Lessor hereby leases to XX and XX jointly and severally." Our landlord thinks we have the right to ask him to leave but is unsure of his rights as he signed the lease.

PLEASE help; is there anything we can do? We are honestly scared to live here.
 
jhowey said:
Hi - my finance and I are living with a man (Mr. S.) who makes us extremely uncomfortable and feel unsafe in our apartment. He has done several things to make us concerned, including holding a house meeting to tell us and our other roommate that he is addicted to pornography. As the only female in the house I am extremely concerned with Mr. S. living here and he knows it. I expressed the inappropriateness of his disclosure and he has since singled me and my fiancé out and has started to act out. He has begun placing personal objects around the house, family photos, etc. which he has never done before, as we agreed the common areas are to remain neutral. Also, our other roommate came home one night to find his box of kosher salt teetering by the trash can. When he asked Mr. S. about it, he stated that he removed the box from the cabinet because he suspected that I and my fiancé had bought the kosher salt to make fun of him because he looks Jewish. We have never said or thought anything to this extent, and it was our other roommate who had purchased the salt and told him so.

Mr. S. has become increasing paranoid and has since done things like accusing me of leaving the TV on when I saw him watching it minutes ago and was never in the living room. However, most disturbingly, I came home the other evening to find our bottle of vodka and a full glass set up perfectly on display on our dining room table. This sent me into a panic because I new he had put it there on purpose because he rarely drinks and had been acting out lately by placing more objects around the apartment. I immediately confronted him and called my fiancé to come home, I was literally shaking and felt sick to my stomach. When I confronted him he admitted to placing it there on purpose to get a reaction out of me and to let us know that he is in control of the apartment.

That night we had a house meeting, with him and our other roommate (who is now moving out because of the situation) to address what happened and ask him why he keeps placing objects around the house and acting out in this way. Mr. S. replied that it is his way of taking control of the household. We then asked him to stop doing these things, as we have many times before, because his actions are causing us emotional distress and to fear for our well being, and he said he would not promise to stop. We have since asked him to move out and he is refusing to leave until June 1. This will not work for us as we are scared that his actions will progress and do not feel safe living here.

My fiancé and I are the only names in the first paragraph of the lease which states "Lessor hereby leases to XX and XX jointly and severally." Our landlord thinks we have the right to ask him to leave but is unsure of his rights as he signed the lease.

PLEASE help; is there anything we can do? We are honestly scared to live here.
It sounds to me that all of you signed the least together. Unfortunately there weren't any "house rules" and, quite frankly, none of the conduct you described IMHO were in violation of your lease agreement with the landlord. Being bound "jointly and severally" means that if any of you broke your lease, the landlord can come after the whole group or even after any one of you for the entire amount of damages. Thus if your rent was $1000 per month for the apartment for 4 people, you wouldn't be limited in liability for just $250. The landlord could come after you or anyone on the lease for the full $1,000.

At this point you may want to make the best of it. If you don't move out then I don't think any judge will feel that there is sufficient "danger" presented to warrant your claim of "eviction" of some kind. I'm really sorry about this. My recommendation is that in the future you create a "roomate agreement" which spells out the acceptable rules and conduct. Even with such an agreement it would be difficult to evict someone who you simply realize is, well, weird. Good luck with this and I hope it all works out for you.
 
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