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Additional Details
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Know it all | Can she kick this lady out - they never signed anything? |
My best friend posted an ad on Craigslist searching for a roommate. The deal was 1/2 hourse share for $550 a month. Well, things have gotten pretty bad lately. She's only lived there for a little over two weeks now. The lady has moved a whole house-load of her things in - I am talking about floor to ceiling boxes of things. They never signed any type of agreement. The woman told my best friend that she was a dental assitant, but come to find out, she doesn't even have a steady job! She does temp work when she can get it. Beside not paying on time, she has so far accused my friend's son of having lice (his head is shaved, by the way), has gone to my friends daycare to see if she wanted to enroll her son there and blew up on the teachers there and is now texting/calling my friend several times a day saying horrible things like, " no wonder you and your husband couldn't stay together and I am not going to mother you." My friend said she has to go, but the lady won't leave. Help!
Additional Details
By the way, this is in Texas. Thank you for your advice/opinions! |
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Beavis Seinfeld
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Depends on where these people reside. If there is no agreement, your friend has a good chance of resolving this quickly. He will, however, need to refund money, if applicable, and contact a lawyer. |
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bull_rooster_aardvark
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I assume he owns the house. Well, if they did not sign anything (she is assumed to be on a month to month lease) he can evict her. Still he must follow the eviction rules and depending on wher they are this can take some time. he needs to find out the exact process for evicting her and begin the process ASAP.
To late now, but he really needs to screen his tenants alot better than that in the future. |
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rockinbak
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The easiest way to solve this, is really quite simple. Serve her with a 30 day notice to vacate. If she does not vacate, file for an eviction. |
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bostonianinmo
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The few folks who have mentioned eviction all get a gold star. Everyone else, especially the ones who said to call the police, get a thumbs down.
A verbal agreement is binding upon both parties. Without a written lease, a month-to-month tenancy is assumed under the law. The only way to terminate a tenancy if the party refuses to leave voluntarily is through the formal eviction process through the courts.
The best and fastest way is to consult with an attorney. If the tenant has not fully paid her rent it may be possible to get relief a bit more quickly. You can usually get help from the Court Clerk's office but they can't give you legal advice there, only explain the procedures.
Any self-help or constructive eviction actions (putting her things on the street, locking her out, etc.) can land you in legal hot water and even get you arrested.
You should call the police any time she disturbs the peace. In serious cases they may be able to temporarily remove her from the premises but she will have a right to return when they release her from jail. Calling the police any time there is a disturbance of the peace can help to expedite the eviction process and be used as reason for the eviction. But you still MUST follow the law or YOU may be on the short end of the law yourself. |
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Cheyenne
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They will probably have to go through eviction court. It's a lengthy process. Tell your friend next time she is looking for a room mate to make them come up with proof of income & letter of recomendation from thier previous residence. |
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horselover222
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If I knew what state you were in it would help, because lease agreements are all different depending on the state you are in. Sometimes a verbal contract is valid and sometimes it is not. You might want to contact your nearest real estate agent and ask for a property management specialist to help you. They will know best and will not charge you for their advice. |
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gouldgirl2002
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Yes, she can kick her out. The other lady has no standing whatsoever to stay there - she isn't on the lease or mortgage or deed, right? Call police if you have to. |
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financing_loans
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This is actually extremely simple. If she has no lease she is trespassing. Call the police and report her as trespassing. They will come and get her out. |
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Deborah S
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Call the police and ask them for help. It shouldn't be any problem if there's nothing signed. |
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Harken
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DId your friend sign a lease? Also, the contract between your friend and her roomate is a verbal agreement which, depending on the state, can be binding. But, I would suggest checking your state's landlord/tenant laws. Your friend will probably have to give her some notice, but she will be able to have her removed, by police if necessary. |
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Dan
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If she gave you money (receipt?) to stay there, she is a tenant and her rights are protected by the state's landlord-tenant act. You need to read this law. In general, if she doesn't pay fully, then you can get a court order to remove her, but that may take months. An un-documented lease is considered to be a one year lease, so if she does pay you, you can get rid of her after the current "contractr" expires.
If she hasn't given you any money, she is trespassing. Call the police or a security company. |
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