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Author Topic: can i kick someone out until they pay their half of the rent?  (Read 1944 times)

jbeans

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Hi,
  I'm a soon to be 1L, but I'm finishing up my last month of undergrad right now.  I have the roommate from hell.  We split the rent in half and each give our own checks to the rental office every month.  However, last month we received an eviction notice because my roommate hadnt paid her half, and the month before we got a notice saying her check bounced.  She told me that this month she wouldnt be able to pay her rent til a week after it was due.  This weekend I have a huge exam to study for and a project to work on.  I need to stay in my apt to study because I need my computer (desktop) and also I dont think that I should have to leave a place which i pay for on time every month.  She informed me that she is having her obnoxious boyfriend up for the weekend and that "shes not kicking me out or anything" but she was wondering if i was going home for the weekend.  Let me just state that this girl is the biggest moron I have ever met, not to mentions shes a rude, dirty, slob.  If she hasnt yet paid her rent, can I legally tell her she cant have guests, or even that she cant stay her until she pays?  I know this seems petty, but honestly, it has been absolute hell to live with this girl, and im gonna go off on her if she interupts my studying one more time (on a week night this week she had her sister over and they were both singing at the top of their lungs and blasting the tv while i was trying to do work.)  Any advice would be great, thanks.

jacy85

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Re: can i kick someone out until they pay their half of the rent?
« Reply #1 on: May 06, 2006, 10:19:01 AM »
Uh, even if you could tell her no guests legally, how are you going to "enforce" that?  Going to sue her on Monday after your exam?  You realistically have no recourse.  Even though you both pay 1/2 of the rent, if you both signed the same lease, you're both responsible for the entire amount if the other doesn't pay.

brewha

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Re: can i kick someone out until they pay their half of the rent?
« Reply #2 on: May 06, 2006, 11:09:31 AM »
Let me just state that this girl is the biggest moron I have ever met, not to mentions shes a rude, dirty, slob.  If she hasnt yet paid her rent, can I legally tell her she cant have guests... 

On a week night this week she had her sister over and they were both singing at the top of their lungs and blasting the tv while i was trying to do work.) 



Don't listen to Jacy.  You have a really strong legal case here.  The first thing a court considers when it hears a case is whether the defendant is a "rude, dirty, slob."  Quite often, this is the only evidence the court needs to convict/find liable a defendant, no matter what the charge might be.  Second, the Doctrine of "Legally Telling People They Can't Have Guests" (LTPTCHG) is widely recognized in most jurisdictions.  These jurisdictions presume the defendant to be guilty/liable if they have a tendancy to sing at the top of their lungs with the tv blasting while someone is studying.  That presumption of guilt alone is nearly impossible to overcome.  I would take this case all the way to the SCOTUS if I were you.  Don't let the fact that every time you bring the suit to court, it gets dismissed for failing to state a claim... BE PERSISTENT.  Courts like people that keep bringing untenable lawsuits. 


- My advice... save your question in a word document and review it after you spend a few months in law school.  You will realize how rediculous the question is.  It'll be a good laugh
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jbeans

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Re: can i kick someone out until they pay their half of the rent?
« Reply #3 on: May 06, 2006, 11:28:01 AM »
ugh, I didnt wanna bring her to court, or actually serve her a legal document, I was just wondering if she actually had a right to stay here if she didnt pay her rent.  I guess I will just have to hope that someday, horrible people will get what they deserve.

stunner

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Re: can i kick someone out until they pay their half of the rent?
« Reply #4 on: May 06, 2006, 01:04:38 PM »
realistically, you cant take her to court. it would be a waste of your time.

what you should do is talk to you landlord. explain to him/her that you enjoy living there, and you want to continue to live there, but you have a roommate from hell that never pays her half of the rent. tell your landlord that you want to pay her on time every month, and that to do so you need to find a new roommate. ask her if she will end your current lease (essentially evict you), but if she will agree to begin a new lease with you as a tenant along with another roommate that you will find who will actually pay her rent. this means that your roommate from hell will be off the lease, and only you (along with a more reliable roommate) will be on the new lease. your landlord will probably be receptive to something like this, since it will mean that he/she wont have to find another tenant, perhaps losing a reliable, rent-paying tenant (you) in the meantime.

theres nothing you can do about your roommate and her boyfriend aside from arguing with her.

also, this may all be pointless since youre probably moving out in august, but talkin to your landlord is the best option.

jimmyjohn

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Re: can i kick someone out until they pay their half of the rent?
« Reply #5 on: May 06, 2006, 04:07:35 PM »
Yeah, you're probably screwed.  Sorry.  Unless she is subleasing the apartment from you, you have no legal recourse because the landlord doesn't care where the money comes from as long as she gets the full month's rent.  If she doesn't get the full amount, both of you are on the hook.   

bobdealmighty

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Re: can i kick someone out until they pay their half of the rent?
« Reply #6 on: May 06, 2006, 05:42:31 PM »
I have a friend in CA that was in the same predicament as you.  The worse part was that it was two roommates and both of them skipped out on paying the rent and are in the process of relocating w/o paying any part that they're suppose to.  Long story short, he's back at his parents' place, it required a lawyer to go to court against the landlords in order to arrange a situation where he only owed his part for the final month of the rent, and he can sue his former roommates for the money lost in hiring a lawyer to handle the situation.  It can be a long and drawn out affair, but if you got a lawyer involved you might be able to get your crappy roomie to pay her part of the rent plus lawyer fees.  Can't help much with the kicking out of the roommate, but you could have the b/f removed from the premise you feel like he is threatening.  Just call the cops to have him removed.  It would permanently strain the relationship with this bi*ch from hell, but at least you'd get the peace you need for the weekend.  ;)
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jbeans

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Re: can i kick someone out until they pay their half of the rent?
« Reply #7 on: May 06, 2006, 07:30:01 PM »
thanks for the advice.  Yeah, i dont wanna have to go to court, my dad said if we get one more eviction notice he will pay the other half of the rent and go talk to the landlord to see if we can get her off the lease, but im not here for much longer so its probably not worth it.  I told her I would be studying all weekend, but she comes home with her sister her father her boyfriend and her step mother and starts playing the piano and singing showtunes at the top of her lungs for about a half hour.  At least I know now that she obviously learned her ignorance from her parents...I had to leave before I started screaming...oh well, I'll find subtle ways to make her life a living hell until we move out  ;)  Its not that hard, shes pretty stupid.

rezipsa

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Re: can i kick someone out until they pay their half of the rent?
« Reply #8 on: May 08, 2006, 11:32:50 AM »
I agree with most of the post - taking your roommate to court would be a waste of time.  However, if you went to court, I would recommend suing restitution (along with contract and tort claims).  In the court of equity, the rules of contracts and tort are out the window.  The court is only looking to see what is fair and to prevent unjust enrichment.  Your lovely roommates have greatly benefited from not paying their share of the rent.

My advice, move out and get ready for 1L.  You don't need the additional headache of a law suit while you are going through torture of 1L.

J D

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Re: can i kick someone out until they pay their half of the rent?
« Reply #9 on: May 08, 2006, 04:33:22 PM »
Question:  if they are both on the lease, does thast make them leasehold tenants in common (if there is such a thing)?  If they're cotenants, then they owe certain duties to one another (say, not committing waste, not prejudicing the other's right to exclusive possession of the whole premises, etc.), and one can bring an action for an accounting against the other (usually this is done when one cotenant isn't paying his share of the mortgage on a house that is co-owned).
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