Need to evict roommate and get money back.

[Gail in Georgia]

1. Sue them for what they owe.

Are you even allowed to have roommates or have you snuck these folks in without the landlords permission?

Gail

 

[abcd456]

Regarding the eviction:
Yes, in fact everyone else is legal on the lease except him. We're all afraid that he will get us all evicted if we try to evict him and he goes to the landlord.

I am trying to put him on the lease to make it easier to kick him out legally, however wouldn't that allow him to stay for the duration of the lease, and not pay us rent? After all the landlord only cares about getting the entire amount, and not partial payments from each roommate. I am just afraid that this will give him more incentive to continue living rent free or owing us rent because he feels he is now on the contract and is obligated to do what he wants to us without any recourse...

We're all uc students, who are graduating in a year except this person who is a local who is unemployed, and now I discovered is a felon...

Regarding the money owed:
He has children who he never sees, and the mother of his children has repeatedly sued him for child support money which he never pays, so I do not know if taking this person to civil court will do much, because he doesn't respect the law to begin with (bringing weapons/drugs in our home). I really don't feel comfortable living with this person, I don't trust them, and I cannot stand the sight of them because of what has happened...

 

[FarmerJ]

Live with the risk that you all may have to leave if the LL choses to evict or not renew and use the courts to evict your free loader. With out any thing in writting re the other money how you going to prove he agreed to pay you back ?

 

[applecruncher]

The only person who can evict is the landlord – not you. If he’s not supposed to be there to begin with, is causing various problems, is making threats, and isn’t paying rent, he should be evicted – but the landlord is the only one who can do it. There is no way around this.

You can't stand him, he is an unemployed felon, yet you're trying to put him on the lease? That makes no sense whatsoever.

The only way you can get your money back is to sue him. Very foolish for you to buy items on your credit card for him without a written agreement/promissory note for him to pay you back.

His problems with the mother of his child are none of your business.

Clearly you are afraid of this person. You need to grow up, put on your big boy pants, and learn to make better choices about who you allow to live with you and who you choose to let use your credit card/give money to. Or, you can just continue to be afraid and continue to let yourself be used. The choice is yours.

 

[abcd456]

Thats the main reason why I was considering putting him on the contract, because this way he won't be there illegally and my roommates and I won't get evicted for an illegal sublease. Because I had a feeling the only way to evict him was through the landlord... I know putting him on the lease does not sound good, but wouldn't it prevent us from all getting kicked out, or would it only allow him to freeload... is this really the case?

The only person who can evict is the landlord – not you. If he’s not supposed to be there to begin with, is causing various problems, is making threats, and isn’t paying rent, he should be evicted – but the landlord is the only one who can do it. There is no way around this.

You can't stand him, he is an unemployed felon, yet you're trying to put him on the lease? That makes no sense whatsoever.

The only way you can get your money back is to sue him. Very foolish for you to buy items on your credit card for him without a written agreement/promissory note for him to pay you back.

His problems with the mother of his child are none of your business.

Clearly you are afraid of this person. You need to grow up, put on your big boy pants, and learn to make better choices about who you allow to live with you and who you choose to let use your credit card/give money to. Or, you can just continue to be afraid and continue to let yourself be used. The choice is yours.

 

[applecruncher]

In this case, all of you getting evicted would probably be the best thing. Then you can start over (without him) and hopefully learn a few lessons.

 

[LillianX]

Wait, wait, wait. Why is it that YOU don't have to pay rent? You said because you're the primary on the lease. That's a load of crap. Everyone on the lease is responsible. You have a nice little scam going.

 

[Who's Liable?]

The only person who can evict is the landlord – not you.

Incorrect. The LL is the person who sublet. In this case, it would be the OP.

LL may not evict if they see they are being paid rent. It all depends on the LL.

 

[John_DFW]

Incorrect. The LL is the person who sublet. In this case, it would be the OP.

LL may not evict if they see they are being paid rent. It all depends on the LL.

Absolutely, but I see no reason the landlord could not evict the person on the sublease.

OP should call police if drugs or weapons are present, and should start eviction on the sublease even if it requires owning up to the landlord and asking for their assistance. It's in the landlords best interest to get this person out of their property.

 

[applecruncher]

Who's Liable and John_DFW:

This is not a sublease.

Notice the post by Gail in Georgia and OP's response:

1. Sue them for what they owe.

Are you even allowed to have roommates or have you snuck these folks in without the landlords permission?

Gail

Response:

Regarding the eviction:
Yes, in fact everyone else is legal on the lease except him. We're all afraid that he will get us all evicted if we try to evict him and he goes to the landlord.
...

Landlord can and probably should evict all of them, but that's LL's choice. There is something very fishy/flakey about the entire scenario.

Also - OP what did the police say about his illegal drug use and weapons?

 

[Searchertwin]

This person has smoked marijuanna in our house, and brought weapons before, along with overnight guests.

If LL gets wind of the drugs, you guys will be gone that night.

What you need to do is tell that person, that you do not want drugs around and next time he does, tell him you are going to contact the police. And give him a choice to leave on his own or have the police escort him downtown.
And hope LL doesn't hear about it. If LL is well-known, he will hear about it.

 

[applecruncher]

Yeah. Tell someone who is using drugs and has weapons to stop or the police will be called. Make sure to wag finger in their face and look at them sternly.

 

[Searchertwin]

Yeah. Tell someone who is using drugs and has weapons to stop or the police will be called. Make sure to wag finger in their face and look at them sternly.

A man would

 

[abcd456]

In this case, all of you getting evicted would probably be the best thing. Then you can start over (without him) and hopefully learn a few lessons.

But if we all get evicted our credit report would be affected... and we would be tagged as bad tenants...

 

[abcd456]

Wait, wait, wait. Why is it that YOU don't have to pay rent? You said because you're the primary on the lease. That's a load of crap. Everyone on the lease is responsible. You have a nice little scam going.

I'm accepting the full liability for the house, and risking my neck along with maintaining the property, I mow the lawn every two weeks, clean the house every day, I invested over $5,000 in furnishing the property including purchasing a $1,500 47 tv for everyone to use, $900 for a washer and dryer, and over $3,000 for a stainless steel fridge, leather sectional and massage chairs, if you see the house and how nice it is then you'd understand why it is more than fair. I also pay for cleaning supplies, and manage the bills and make sure everyone pays on time, along with setting up the w/s/g account, electricity, cable, and internet along with the deposits which total an additional $500. If my roommates don't pay I am the person who is held accountable. All of this adds up to much more than what my portion of rent would be, believe me... but I want to live well during my years in college and am willing to invest a bit to make this happen, unfortunately I was dumb enough, my fault to have this person move in with me, and I have invest far to much to loose this house because of him...

Again I do respect that everyone has their own opinions regarding this matter, however I really would appreciate it if we can all focus on the main issue regarding the roommate I am trying to evict and not make any person judgements or assumptions about me. I just need some legal feedback regarding this individual thank you.