Roommate or Landlord

[Carter]

I ahve a question. I own a 2 family and rent out a room to a person in the apt. I live in, with a couple other kids. I will be giving a 30 day notice to one of them. I was informed by another roommate that he will raise a ruckus if it ever happens. Everything was done verbally as far as rent and utilities go. The issue my other roommate said he was going to brign up was utilities, ("that ti si the landlord's responsibility to pay") although he verbally agreed, with witnesses mind you, he would pay 1/4 of. Now will the law see me as a landlord or a roommate? For I fear this will take a court appointment down the road.

 

[Michael Wechsler]

I ahve a question. I own a 2 family and rent out a room to a person in the apt. I live in, with a couple other kids. I will be giving a 30 day notice to one of them. I was informed by another roommate that he will raise a ruckus if it ever happens. Everything was done verbally as far as rent and utilities go. The issue my other roommate said he was going to brign up was utilities, ("that ti si the landlord's responsibility to pay") although he verbally agreed, with witnesses mind you, he would pay 1/4 of. Now will the law see me as a landlord or a roommate? For I fear this will take a court appointment down the road.

In the future, never make oral agreements for all the reasons you see now. It is so much easier for everyone to agree and then be reminded of that agreement if there is a dispute. I'm not sure what the dispute is. What is the issue with utilities? How have they been handled so far? Could you clarify the situation here?

 

[Carter]

The person moved in, in December. He's paid his rent for December and January, but has yet to pay utilities or his February rent (which he says I will be paid in full this weekend). I beleive his issue was he didn't expect utilities to be so high. (granted I don't know why he's complaining because he doesn't work ad his parents foot the bill). I have shown him and given copies of all the utilitiy bills. If he tries to pull something, and I take him to court or he tries something fancy, do I get treated as a londlord or roommate?

And in case this 30 day notice goes awry, I have made a written new Tenant at Will contract. The notices will be served with a 40 day notice so there should be no issue there. Is there anything I can do to ensure any of these notices are complied with?

 

[Michael Wechsler]

The person moved in, in December. He's paid his rent for December and January, but has yet to pay utilities or his February rent (which he says I will be paid in full this weekend). I beleive his issue was he didn't expect utilities to be so high. (granted I don't know why he's complaining because he doesn't work ad his parents foot the bill). I have shown him and given copies of all the utilitiy bills. If he tries to pull something, and I take him to court or he tries something fancy, do I get treated as a londlord or roommate?

And in case this 30 day notice goes awry, I have made a written new Tenant at Will contract. The notices will be served with a 40 day notice so there should be no issue there. Is there anything I can do to ensure any of these notices are complied with?

If you go to court you will be treated as plaintiff/landlord because it seems that is what you are. Who else would be the landlord? He'll probably have to pay for utilities and giving him 30 days notice means that he will not have an agreement to stay and will be considered a holdover. You may want to send him notice stating that if he overstays he will be liable to additional damages, etc. You really need a written lease whenever you rent out space to a prospective tenant.