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Yet another eviction question...

Discussion in 'Other Residential Landlord & Tenant Issues' started by sgoff, Mar 5, 2006.

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  1. sgoff

    sgoff Law Topic Starter New Member

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    First of all, I sincerely ask everyone to not treat me like I'm stupid (I got the whole "You're just a tenant, we shouldn't even be talking to you, ha ha ha" type of attitude from Mrlandlord.com so I'm praying for a better, less hostile outcome here). Here's my situation:

    I have been renting a 3 bedroom house from my landlords since April of 2004. The other two housemates that moved in with me at that time have been long gone. The landlords have given me the a-okay to go ahead and rent out the other 2 rooms if I wish to do so, so I don't have to pay the entire rent by myself. So, that's the basis of everything.

    My current situation is that I had two housemates move in on January 15, 2006. No, I didn't pre-screen them (credit check, background check, etc.) because I've never had to do that before, although I should have. Mistake number 1, I know.

    One of the housemates has continuously been giving me problems: She recently brought a dog into the house (it's not hers but there is a "no dogs" rule between me and my landlords, which this girl knows of, and I don't want to get evicted because she decided to break the rules). She didn't speak to anyone, at least not me, first and she refuses to do anything about it even though I spoke to her about it this morning. She has an attitude that is kind of like, "Well, it's my way or the highway". She's repeatedly touched my personal items, which I've repeatedly asked her not to...and it's gotten to the point where I'm miserable in my own home.

    I've read in some Landlord/Tenant books that I can evict her since she is not on the rental agreement (and she doesn't have any kind of rental agreement whatsoever...mistake number 2). And she pays her share of the rent directly to my landlords.

    Am I in the right to give her a 30-day notice to terminate tenancy? Or am I in for some legal troubles if I do?

    I'm not sure what to do...I'm only 22-years-old for crying out loud and I've never had to evict someone even though I've had over 15 other housemates.

    Thank you, in advance, for everyone's help! I greatly appreciate any advice you can give me!!!
     
  2. lwpat

    lwpat Moderator

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    This is where it gets kind of sticky. Do you have a written lease for the entire house? If so you are now the landlord with all the rights and responsibilities. Believe me there can be lots of responsibilities so being a landlord can be dangerous to your economic well-being. However, you should have been the one collecting the rent and forwarding it to the landlord. She may now claim she is their tenant and not yours.

    Best thing is to talk to your landlord and you both give her notice to move in accordance with the laws in your state, usually a month. You could also try to evicet her for violating the "no pets" policy but you have to give her notice and an opportunity to cure.
     
  3. sgoff

    sgoff Law Topic Starter New Member

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    Yeah, I know...the whole "She pays rent to the landlords, not me" is definitely sticky which is why I mentioned it! Ugh! So frustrated! Sorry...anyway...

    I do have a written month-to-month agreement (not a lease...not sure if this changes anything) with the landlords, which is under my name and my name only.

    I hate acting as "landlord" in any way as I know it's stressful and can only imagine the pain and grief that other landlords go through on a daily basis...but the landlords have basically had no part helping me search for new housemates when old ones move out and I have their written permission to sublet the house so that I'm not paying the entire rent myself (which would be impossible!).

    I will try all of the above that you have mentioned (although I've tried calling the landlords a couple of times about helping me evict her but to no avail). Thank you so much for your time and advice! I REALLY appreciate it!
     

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