Leasing Issues.

[Sephoria]

Anyone know how to get someone off your rental lease that wont leave and doesn't pay a single penny toward the rent or bills? I can't just throw him out because he "lives" here, but he won't pay anything and he won't move out either.

Also, does anyone know if I can sue for back rent or bills to help me out with the thousands of dollars he owes me?

[Nakiro]

If they are contractually obligated to pay you rent or pay a landlord rent and you've been paying their portion of their behalf, take a copy of that legal document to a small claims laywer or to go small claims laywer and file a civil suit for the amount of the unpaid rent. You can do most of it at your local city hall.

[Mistomeer]

Um, just take him to small claims court. No lawyer needed, tell the judge the situation, hope for the best.

[Allycat]

Depending on where you live, you might have to evict him. Which you would have to talk to someone in your area as to what is involved (county clerk is a good place to start). That might prove to be painfully uncomfortable for living together til he moves, or fights you and doesn't move out. Then you'd have to take him to small claims (if it's under 5k in most areas), prove you have been paying his portion (copies of checks clearing the bank, statement and bills of utilities).

Good luck with it.. Sucks to have a mooch for a roomie.

-Ally

[Alfster]

I had a similar situation with some of the people that I lived with for a while.

I talked to my landlord and took this approach.

What I did was I paid the landlord, up front, the amount that I owed for the rest of the lease. The landlord then had me sign some papers that basically took my name off the lease, so I wouldn't be legally responsible for the rent that my roommates didnt' pay.

I then moved out and found a new place to live, within 2 months my other roommates got evicted and their still battling the landlord in court.

It turned out to be expensive for me, but it could have been FAR worse.

[Jazuela]

Originally posted by Sephoria
Anyone know how to get someone off your rental lease that wont leave and doesn't pay a single penny toward the rent or bills? I can't just throw him out because he "lives" here, but he won't pay anything and he won't move out either.

Also, does anyone know if I can sue for back rent or bills to help me out with the thousands of dollars he owes me?

Eviction is the term for it. If he's the one named on the lease, then tell the landlord and let him deal with it. If you're both on the lease, tell the landlord also. Get the landlord to work with you, if possible.

As for back rent, you can only go back so far. The rule of thumb is, "Possession is 9/10s of the law." That means - if you've allowed him to live there rent-free for months and months, without a *written* promissary note agreeing to pay you back by "x" date, then the judge will probably say "You should've gotten it in writing, we have no proof that you wanted him to pay you back, or that he agreed to do so."

Even if the judge is sympathetic to your situation, he can't go by how he feels. He has to go by the law, and the law requires that you prove your case beyond a preponderance of the evidence. That means receipts, written documentation, a copy of the lease stating that your room-mate is equally responsible, and proof that he did not follow through on his responsibility.

As mentioned in another post, he can make your life miserable for you while he's still living there, until you get it resolved. But then, you can make it miserable for him too - it's best if you two sort it out without bringing it to court. You might consider calling a mediator (they actually have such things) to help you resolve it without a lawsuit.

[Brownsville Rep]

Introduce the non-payer's face to a crowbar

[Tromp]

Just be a really bad roommate. Don't shower, leave a mess, etc... He eventually wanna leave

[Skeeter]

eviction is hard to accomplish. Good luck, you'll need it.

[Tsa`ah]

Eviction in say Illinois is hard to accomplish, sure. It depends on the state.

Eviction in Florida is damned near instant.

[DeV]

Try and get him on record (tape) admitting he owes you whatever amount of money in back bills and rent. Call judge judy; she will pwn his ass.

This type of thing would make any sane person want to commit murder.

Solution: Don't be poor.

[Edaarin]

Separate leases are so clutch.

[Edaarin]

Separate leases are so clutch.