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bfortuna2003 | My roommate has no payed her rent. If she is on the lease and doesn't pay, can i kick her out? |
The landlord requires the rent in one check. My roommate and I had a fight over two months ago, but she still wants to remain mad at me after I apologized (even though I dont think I did anything wrong). She is totally rude to me, not even civil. Ignores me if i ask her a question or cuts me off in my talking. |
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guehnwyvare_of_atlantica
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Eviction for non payment. Talk to the property manager about what's going on and what needs to be done. If you have been covering her share, serve her a cure or quit notice (you can find these online) then if she does not pay, go to the clerk of the courts and file for eviction of a tenant. Make sure you can prove your case in that she has not been paying you. They can subpoena her bank statements if she says she's been paying cash, then look at her bank statements and compare them to yours. I've been in this situation before, it sucks. |
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jkersman01
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You need to prove a few things to be able to do this:
-Show you paid for rent, your checks, for however long you have been doing so.
-Keep bank records showing you have received no checks from her, and when she has paid, it has been with check. If she is paying cash, it might be hard to prove this.
Since the landlord only wants one check, he/she doesn't care about the situation. However, the two of you living together, so long as a court could not find that there was an implied agreement that she was to live with you for free, will most likely find that there was an implied (or expressed, if she'll admit to it or if you have it in writing) agreement to split the rent down the middle.
However, it's really probably not worth getting a lawyer and going to court. Try kicking her out. Even though she is on the lease, she has breached an implied contract between the two of you. Also, another thing you could try is going to your landlord, explain the situation, and ask if he/she will write an eviction letter to your roomate. If you tell the landlord that you might have to move out unless he/she helps you, he/she might do it to save them the money and time of finding a new tenant just for a convenience.
Basically, try to kick her out either with her help or the help of the landlord if he/she will help you. (they really don't have to, though, by the sounds of the agreement) If you must, you could resort to getting an attorney, but it may be a little costly and will be time consuming.
Good luck |
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michele_zanella
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I believe as long as you take it up w/ the landlord first, then you have to legally serve her with a 30 day notice. |
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friendsnfreebies
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I suggest looking into lease laws of your state. I would be sure to keep track of you paying the rent. Its not fair if she's residing there, without paying her share, and therfore leaving you stuck with the bill. Is there a grace period your landlord will allow before charging late fees? Maybe you should talk to your landlord and see what he/she suggests. Good luck with your situation. You can also contact your local small claims court and ask them how you'd go about filing a suit against a roommate for failure to pay. Unfortunately, if theres no proof of anything, its considered hearsay and thats hard to prove.
If she is on the lease, I would definately talk to the landlord first, because she would be in breach of contract with them, and its not fair that you pay it all with her there, if the contract is between the three of you (you, her and landlord). |
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loulu
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You can't really kick her out unless she agrees to remove her name from the lease, at which point you will have to re-sign the lease in your name aolne and will have to meet the income requirements. Since you signed a joint lease, you are both responsible for the rent....if she doesn't pay, you still have to come up with the funds. |
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spyderfantum13
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Check your lease and talk to your landlord, also im pretty sure of your rommate is not paying rent shes not holding her end of the deal anyway, the fact shes not being civil is just another problem. I would confront her right away, tell her, if you dont pay your share you are leaving. |
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Gertie
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Hopefully you can afford the entire rent payment yourself. If you want her out for not paying rent talk to your landlord and inform him of the situation if you can afford the rent and would like to stay there then have your landlord serve HER with papers to move out of the house. but he has to do this the legal way just like anyone else. |
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YDoncha_Blowme
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Your problems with your roommate are not the landlord's issues - your only. He only wants the rent paid, and paid on time. If she is on the lease, you cannot kick her out. So, whaddya do??
Simple - go pay your portion of the rent. Explain to the landlord that you are having issues with the roomie, and that you cant get her to speak to you, but you dont want to be hit with late charges or an eviction, so here is my portion of the rent. When she is late and gets hit with the late fees, refuse to talk to her about it. Treat her exactly how she is treating you. She will move out on her own eventually. Or, maybe you will. |
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iceman
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Thats sounds like a case made for Judge Judy.
You would have to take her to court and prove she is not paying the rent to legally kick her out. Otherwise you cant really kick her out. From the landlords point of view you are ONE person not two. So all he cares about is getting that total payment. If it doesnt come in, he will treat you the same as her as far as the late payments penalties go. |
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