Renting a room in my Private residence

[Stiper2]

What is the name of your state (only U.S. law)? CO
I am renting a room and private bath in my house. There is no lease but I made up a form for House rules and we both signed them.. When I rented the room I said I needed a 6 month commitment and the renter agreed. Is this verbal agreement enforceable? In the house rules I stated that I needed a 30 days notice with intention to vacate otherwise the deposit is forfeited. I rent from the 1st to the 1st.He has only stayed 2 months so. far On the 12 of the month the renter tells me he is moving out on the 1st giving me 12 days shy of the 30 days I had asked for the agreement. So, he broke the agreement. Can I legally keep the deposit? Once I notified him that he will loose the deposit he says he wants to stay 12 days into the next month so he does not loose his deposit. Am I obligated to let him stay 12 more days once he told me his intentions to vacate on the 1st?. Thanks

 

[Banned_Princess]

What is the name of your state (only U.S. law)? CO
I am renting a room and private bath in my house. There is no lease but I made up a form for House rules and we both signed them.. When I rented the room I said I needed a 6 month commitment and the renter agreed. Is this verbal agreement enforceable?

Technically it is, but how are you going to show there was a verbal 6 month lease?

In the house rules I stated that I needed a 30 days notice with intention to vacate otherwise the deposit is forfeited. I rent from the 1st to the 1st.He has only stayed 2 months so. far On the 12 of the month the renter tells me he is moving out on the 1st giving me 12 days shy of the 30 days I had asked for the agreement. So, he broke the agreement. Can I legally keep the deposit? Once I notified him that he will loose the deposit he says he wants to stay 12 days into the next month so he does not loose his deposit. Am I obligated to let him stay 12 more days once he told me his intentions to vacate on the 1st?. Thanks

If you dont let him stay for the notice period, you cant keep his deposit.

And since you have the written agreement, you cant claim you had a "verbal lease" because you have a actual lease.

 

[Stiper2]

I was going to let him stay until the 1st as he stated he was leaving then. So I am assuming I have the right to keep his deposit with the lack of telling me on the 1st of the month that he was leaving. Today he hands me a typed letter stating hes moving out on the 12th of the next month so he can get his deposit back. After he already told me verbally hes moving on the 1st. Seems hes making the rules. He says because our agreement doesn't state a notice is due at the beginning of the month he can give notice anytime. Not sure if thats correct with the rents due on the 1st of every month....not the 12th of the month.

 

[Tresha91203]

Rent is due again on the first though. If he doesn't pay the next month's rent and leaves on the 12th, there goes his deposit anyway. Is he planning to pay rent again on the first, then vacate on the 12th in order to get his deposit back? If you rerent before the end of the month, you would have to prorate and return rent for those days to him. You cannot double dip.

 

[Banned_Princess]

I was going to let him stay until the 1st as he stated he was leaving then. So I am assuming I have the right to keep his deposit with the lack of telling me on the 1st of the month that he was leaving. Today he hands me a typed letter stating hes moving out on the 12th of the next month so he can get his deposit back. After he already told me verbally hes moving on the 1st. Seems hes making the rules. He says because our agreement doesn't state a notice is due at the beginning of the month he can give notice anytime. Not sure if thats correct with the rents due on the 1st of every month....not the 12th of the month.

Actually it sounds like he is going by the rules, not making them.

You have now been served correctly that he is leaving. the verbal notice is out the door. If he pays rent, then you will totally owe him his deposit back, barring any state laws that state when notice can be given. (and no damage)

You may also owe prorated rent, for him leaving on the 12th.

Do you have any idea what you are doing, or are you just looking for a lawsuit.

 

[Stiper2]

Clearly your comment was not needed. Evidently I was not clear enough on what the situation was. He came to me on the 12th of the month and said he was vacating on the 1st. Our agreement states that he would loose his deposit without giving a 30 day notice. Once he was reminded about that all of a sudden he says well then I am not leaving until the 12th. Normally rent is from the 1st to the 1st of the month.He stated to me immediately that he wanted his full deposit returned. I said you need to look at the agreement.This is a month to month agreement. Yes, there was a verbal agreement of staying for at least 6 months which can not be enforced. But then, I agreed with his notice, but then we changed it to the 1st as long as he got A certain amount of money back when he vacated and cleaned the room. He then proceeds to tell me how things wlll go down or otherwise he will not leave until the 12th of the following month. He also wants to use his deposit for any rents due and utilities in which was written in the contract that the deposit was solely for damage/cleaning and could not be used for rents owed. Does that sound like I am looking for a lawsuit?

 

[LdiJ]

Clearly your comment was not needed. Evidently I was not clear enough on what the situation was. He came to me on the 12th of the month and said he was vacating on the 1st. Our agreement states that he would loose his deposit without giving a 30 day notice. Once he was reminded about that all of a sudden he says well then I am not leaving until the 12th. Normally rent is from the 1st to the 1st of the month.He stated to me immediately that he wanted his full deposit returned. I said you need to look at the agreement.This is a month to month agreement. Yes, there was a verbal agreement of staying for at least 6 months which can not be enforced. But then, I agreed with his notice, but then we changed it to the 1st as long as he got A certain amount of money back when he vacated and cleaned the room. He then proceeds to tell me how things wlll go down or otherwise he will not leave until the 12th of the following month. He also wants to use his deposit for any rents due and utilities in which was written in the contract that the deposit was solely for damage/cleaning and could not be used for rents owed. Does that sound like I am looking for a lawsuit?

Well, you do need to inform him that at a minimum, if he leaves on the 12th he is going to owe rent for that month as well.

 

[Stiper2]

Thank you for your response. I can only charge him for the 12 days I am assuming. He's not required to pay for the full month after notice to vacate was givin for the 12 day of that month.

 

[Banned_Princess]

Clearly your comment was not needed. Evidently I was not clear enough on what the situation was

No, you were clear. you want to screw the guy for some reason.

He came to me on the 12th of the month and said he was vacating on the 1st.

All well and good, but not a legal notice.

Our agreement states that he would loose his deposit without giving a 30 day notice.

Yea, I'm willing to bet, this is illegal. You cant just keep his deposit for not giving notice. Technically, you would keep it after he moved out without notice, to cover the next months rent, which would then be the notice period. But you cant just say, his notice was 12 days short, I'm keeping the deposit for that.

Once he was reminded about that all of a sudden he says well then I am not leaving until the 12th.

The key here, is he, at this point, has given you writing legal 30 day notice that he is going to vacate.

Normally rent is from the 1st to the 1st of the month

Yes, rent is usually due the 1st. Whats your point? I have looked it up, and CO does not indicate the 30 day notice be served before rent is due on the notice period, and rent IS prorata able. meaning he only has to pay for the 12 extra days past the 1st.

He stated to me immediately that he wanted his full deposit returned. I said you need to look at the agreement.This is a month to month agreement. Yes, there was a verbal agreement of staying for at least 6 months which can not be enforced. But then, I agreed with his notice, but then we changed it to the 1st as long as he got A certain amount of money back when he vacated and cleaned the room

Ok, I dont know what you are trying to say. Well I do know what you are trying to say. you dont want to give the security back under any circumstances.

He then proceeds to tell me how things wlll go down or otherwise he will not leave until the 12th of the following month.

Oh yes he could do that. He could stay without paying rent for like ever. because thats how long it will take you to evict him. That security could be pennies in a bucket compared to what he could rack up before being forced by law out.

He also wants to use his deposit for any rents due and utilities in which was written in the contract that the deposit was solely for damage/cleaning and could not be used for rents owed.

Security deposits are also used for rent owed, and applied to rents and utilities owed to landlord after tenant has vacated. Even if your lease sais, no, you cant use for rent, when you sue the person, the judge is going to make you apply the security deposit to the total amount owed to you. So yes, it will be used as rent if your tenant so wishes to make your life hell. which is totally understandable.

Does that sound like I am looking for a lawsuit?

Yes. Yes it does.

I just hope for your sake, CO does not allow for treble damages against nasty landlords like you.

 

[Banned_Princess]

Thank you for your response. I can only charge him for the 12 days I am assuming. He's not required to pay for the full month after notice to vacate was givin for the 12 day of that month.

I can see we are getting somewhere.
If he doesnt pay, and leaves on the 12th (or whenever during the month) you would keep that amount from the security, and give the rest back.

 

[Stiper2]

Banned....Do the documents between me and the renters need to be notarized since its not a standard lease agreement? These are just roommates. I don't own an apt complex etc.

 

[Banned_Princess]

Banned....Do the documents between me and the renters need to be notarized since its not a standard lease agreement? These are just roommates. I don't own an apt complex etc.

No they dont.

a standard lease is a boiler plate you get off the internet. leases can very well be non traditional, and tailored to fit

Anything in writing will be considered. anything not in writing, but agreed between both parties, with evidence to show there was an agreement will also be considered.

Roommates are renters too. it doesn't need to be your business, or a whole apartment for them to be tenants.

 

[Stiper2]

Well this whole thing started with the roommate telling me his room is cold. I told him the house has a central thermostat, the rooms can't be controlled individually. I told him to put more clothes on, told him to put a blanket on his bed, and even offered a oil heater to heat the room up. All were refused. The same day he complained it was 48 degrees outside and he left for school on a motor scooter with shorts and t-shirt on and no jacket,. So I am thinking he can't be too cold.
We finally agreed on a arrangement for him to vacate. He was paying a third utilities, but decided in his demand( vacate notice) that he was not paying for any utilities owed up to vacate date. Now, with that said, I am not allowing him to use any of my personal electronics that are in comman areas of the house. Nor use of the internet services that he had paid for before but now refuses to pay for. Does that create an issue for me for refusing to let him use my personal possessions? It was never agreed to in the move in agreement. Then he also demanded that his deposit to be returned before he vacates or gives back the keys to the house. Again, is that legal?

 

[Banned_Princess]

Well this whole thing started with the roommate telling me his room is cold. I told him the house has a central thermostat, the rooms can't be controlled individually. I told him to put more clothes on, told him to put a blanket on his bed, and even offered a oil heater to heat the room up. All were refused. The same day he complained it was 48 degrees outside and he left for school on a motor scooter with shorts and t-shirt on and no jacket,. So I am thinking he can't be too cold.
We finally agreed on a arrangement for him to vacate. He was paying a third utilities, but decided in his demand( vacate notice) that he was not paying for any utilities owed up to vacate date. Now, with that said, I am not allowing him to use any of my personal electronics that are in comman areas of the house. Nor use of the internet services that he had paid for before but now refuses to pay for. Does that create an issue for me for refusing to let him use my personal possessions? It was never agreed to in the move in agreement. Then he also demanded that his deposit to be returned before he vacates or gives back the keys to the house. Again, is that legal?

If he was so cold, he could have easily picked up a electric heater.

You don't have to let him use your stuff. Just essentials, like water heat stove fridge electricity bathroom Although it seems to me that you are setting yourself up for some serious problems with this guy. Keep your valuables locked up, and move your mail to a PO Box for security.

You do not have to give him his deposit back on the spot, but again, in my opinion your are setting yourself up.
Demanding a security deposit be returned on the spot is neither legal, or illegal, and it is up to the discretion of the landlord. Maybe you want to act like you will give it back on the spot, then take the keys and lock him out. Again, that might end up being more trouble then it is worth.

 

[Stiper2]

I know it appears I'm not being very nice. I'm sorry but when a 19 yr old calls his roommate /landlord a child, because he's not liking what he hears, he's not showing much respect when I am many years his senior.
He wants to call the shots, fine. Yes, this may be more trouble than its worth. Just let him run up my utility bill so he's happy? I don't think I'm bein totally unfair. Don't want to pay, then don't use. Pretty simple. It's pretty much black and white. He wants to vacate because he's cold. I accept his vacate notice. Counting the days!