unwanted roommate/sublessee

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adonf

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Hi there,

My girlfiend who lives in Los Angeles wants her roommate out. What possibilities does she have ?

She rents an appartment, and last summer she accepted to have this guy stay there until he found a job and he got his own place to live. Unfortunately things have turned really bad between them and she's been wanting him out for month.

At first the animosity was covert so only last week she told him that he had a month to leave, but since then there's yelling everytime they meet and she want him to go now ! Is there anything she can do to have him leave fast ? The guy now has official residence in her own flat so the police told her that she can't simply change the locks And he refuses to leave.

Oh, maybe I should add that he's not on the lease and that they agreed on sharing the rent and utility bills but they didn't have a roommate contract.

So, what can she do ?

Thanks,
Olivier.
 
Why did the officer state that this guy has established a legal residence? I'm assuming that, if what you state is true, your girlfriend allowed this guy to stay in her apartment for an entire year -- is that true? Never a good idea to have someone stay permanently at your place or sign any documents to which you are responsible and not have a signed agreement. People usually learn this mistake when in relationships and later realize they can't just remove this person from the position of responsibility later... This is a very tough situation...

While you could always hire an attorney or go the eviction route, it can be costly and time consuming. Self-help could create problems, such as changing the locks. In the case where someone does something of this nature it is possible that they can turn around and sue you! I have known people who have engaged in self-help successfully, such as telling the roomate he/she is changing the locks in 30 days but it's a dangerous game to play if you aren't sure what you are doing. It is possible, depending upon the deal between them, that your girlfriend could enter a counterclaim for past rent if it ever went that far but, again, remember the potential consequences.

Another idea is for your girlfriend to tell the roomate that she has decided to move. The roomate gets the idea that he/she must really find a place to stay because nobody will be footing the rent.
 
when the grace runs out/ housemate w/ no lease

i took sympathy on a young friend of mine for the summer and let her stay for one month free of charge until she got on her feet. i told her in helping her out that i wanted her to at least contribute to the household. after the first month we were to talk about an amount she would pay month to month. the amount was nominal,and it took forever to have this talk because she avoided it. at any rate after the third month was up and she had made no attempt to pay or to contribute to the house, i told her that i didnt think she should live in my house any longer. i told her what she owed and that she needed to get her things and that rent would be prorated by the day until she got everything out. she has come over unannounced late to gather some of her stuff the rest she has left yet she wants her videos. what right do i have to keep her collection of movies until she pays me?
 
Legally, I'm not sure that you have a right to hold her videos. Many do this for leverage although it would be difficult for her to run to court for her videos since it costs money that she likely does not have and you have a counterclaim against her.

The bottom line is that you should have written agreements for rent and household items. Doesn't matter how simple, write it down. If you went to small claims court, you might be able to get rent although I'm unsure as to the status of the other common items you wanted her to share in paying. What you might want to do is file a claim in small claims and, when she comes to pick up the videos, have a friend (over 18) serve her with process to make sure she gets it. Your friend will need to sign an affidavit of service (we'll provide one here if you need a form) to appear in court along with the court papers. You may want to tell the small claims court clerk that you may be doing personal service.

The bottom line is the bottom line -- you want the money, not the videos. Getting money from the ex-tenant may be difficult.
 
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