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FillyLilly | Might have to kick Roommate out soon... can I legally change the locks? |
She moved in on June 1st. She owed me Junes Rent ($500) and the Deposit (one months rent- $500). She gave me rent but asked if I was flex with the deposit and I said I would give her two more weeks. I have been after her everyday and leaving notes and last night I left a "roommate lease agreement" form for her to sign- she signed where it said she owes $500 the 1st of the month for rent- but DID NOT sign where it said she owes me $500 for the Deposit.
-- I had to go to work this morning and she wasn't home to talk about the issues- but she is leaving today and won't be back until July 7th. Im afraid she won't pay me rent or my deposit.
When I get home if she didn't leave either check I will ask her to leave July 7th when she gets back. What can I legally do to kick her out if she is on my lease now?
Additional Details
she is now 27 days late on giving me the Deposit on her room. |
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gromit801
 |
You cannot change the locks. She's established residency there, and cannot be locked out. It's illegal.
You will have to present her with a 30 Days to Quit notice. Then, after 30 days, you can change the locks.
Been there, done that in spades. |
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Tim
|
No. You have to go through legal eviction process.
In the future, always demand deposit in full before a renter moves in. |
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chante
 |
You have to go through proper channels to get her out and no that does not include changing the locks. You need to talk to the landlord about this. |
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Doctor Deth
 |
why did you even let her move in without paying you that money up front? how is she on "your" lease? -Do you own the property? |
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odd_elisabeta
 |
unfortunately kicking people out depending on where you live is extremely difficult. Now that she is on your lease you cannot legally throw her out unless she choses to leave herself. You might have to go to court to evict her but that could take up to 6 months and she could live there rent free. |
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chopsaw
|
First of all .........relax a little...........you have already figured out what you might do next time.........so now your there....I have a feeling the lady will pay you if the two of you can talk. Also yes, you can change you locks.....give a set of keys to the landlord in case of an emergency. And keep the old locks so that you can replace them when you leave......which may be soon if your renter decides to move you out for her boyfriend..........lol...........have fun dear.....it will all be ok. |
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65% water
|
If she's on the lease it is the landlord's responsibility to kick her out. You aren't allowed to do that because the premises she is occupying are not owned by you. Inform the landlord of the situation and see if he'll do what needs to be done. |
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Steve B
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Yeah, well next time do NOT let them in until AFTER they pay the Deposit & sign whatever agreement you come up with :-)
PS I assume you are allowed to sub-let and your Landlord knows ? (and you did take up references didn't you ?
PPS - did you think the film 'Single White Female' was really good ? |
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Quest4questions
 |
What exactly was the wording on the roommate lease agreement. Meaning, what does it say will happen to her if she does not pay the $500 dollars, is there a certain time period listed on it? If you stated something like, if this $500 dollars is not paid by X date then you will have to move out by X date you will be able to take that to court.
If you didn't spell it out that clearly it will be harder in court.
If you are paying her half of the rent keep solid records and evidence of everything. If you are only paying half rent the landlord could also take action on you since the rent has not been paid in full and could evict both of you.
I would go to the landlord and see what he/she thinks. If you have been a good tenate the landlord might not want to lose you and might be more willing to work with you on this. However, the landlord does have the right not to accept partial payment of rent and then start the eviction process on both of you. So, you want to get this taken care of asap.
However, you have to do it legally. In some states, if you have not lived in a place for 30 days you are not considered a resident and then you do not need 30 days notice to get kicked out. However, her being on the lease might complicate things. Get legal advice asap this can really hurt you. |
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