Roommates....Eviction Process

y2kcrawler

y2kcrawler

Well-Known Member
Joined
Feb 4, 2008
Location
Lake Wylie, SC
Im looking to see if anyone knows the law on evicting a roommate when there is no lease or deposit.. I took in a tenant to help pay with the bills. When I met him he had a car and money didnt seem to be an issue. The verbal agreement stated that he would move in for about a 3-4 month period or month by month thereafter and that we split rent and power.

This wasnt a problem with my last roommate, we both worked 9-5's and had transportation. Well this cat moves in, has no car, has no job, pays rent late, eats my groceries, breaks things around the house and doesnt replace them, doesnt do any upkeep (trash, yardwork, dishes), I buy all supplies like paper towels and toilet paper.. So while Im at work all day 8-10 hours 40+ hrs p/w he is home, running all the electricity so my power bill this month was $350!!! Not to mention he pays rent late!

Needless to say I want him to pay the power as 75% him 25% me since he is using the house as his home office for his 'car magazine' (thats his business that isnt making any money) I am home for only a few hours then sleep and back up at 5:30 am but he would have nothing to do with it.

To keep a long story short, I know I have good reason to evict him as a tenant but what process should I go about? I am getting conflicting information. I read where I can tell him to leave and give him 7-10 days due to the verbal agreement but if I have him sign this contract that I have stating the guidelines then I would have to go through a lengthier process such as filing an Ejectment with the courts and have to pay a fee to have a summons of eviction.

Im not really sure on the process but rent is due in a couple days, I was going to let him pay for this month and then bring up signing the contract. Or should I just keep it verbal? I need him to pay for the damages to a couple things on the property too and need to make sure I recoup the money!!

Why cant people just live up to their word!? :shaking:
 
Change the locks. Tell him he has to pay up if he wants his stuff back. He can have his clothes and bathroom stuff. You can't keep that, but you can hold the rest until he pays up. You have to keep it for about 6 months before you can sell it though.
 
are you renting currently or do you own?

If you are renting, then you can maybe piggy back off of your lease agreement since you are the only one on the lease and nobody else. He is now not welcome and must go.

If you own, draw up a rental agreement. They are are all pretty standard and easy to find online, and make him sign it. IF he doesn't, ya at least need to give him 30 days to find somewhere else then change the locks. Anything left behind is yours after 30 days.
 
Do you own or are you Sub letting to him? I'd start with just telling him he needs to leave. You have no contract with him right, so if you don't want him there, then he's an unwelcome intruder.
 
if its your place(whether you rent or own) if your names on paperwork(not his) you just need to sack up and tell him to GTFO. plain and simple to me. hes obviously no kind of friend to you....... been there done that with several "friends" and "relatives"
 
jweezyferg said:
if its your place(whether you rent or own) if your names on paperwork(not his) you just need to sack up and tell him to GTFO. plain and simple to me.
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X2.

So you have no formal (written) agreement, he has no proof you even let him stay there in the first place.
Seems to me like you can tell him, flat out, You've got a week. after that, as far as I'm concerned, you are tresspassing.

I guess you could be nice and give him 2 weeks - IF he agrees to pay up what's owed.
Otherwise - Gubni has it. Change the locks and tell him he can get hhis stuff when he's paid up.
It's harsh, but it was his mistake doing this w/o a written agreement.
 
Have you just tried asking him to leave? You may be surprised how easy this can be, no need to do extra work.
 
Dude just walk around the house naked for a week or so, should make him feel too uncomfortable to stay there, or he might start winking at you :beer:
 
MichaelT said:
Dude just walk around the house naked for a week or so, should make him feel too uncomfortable to stay there, or he might start winking at you :beer:
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:lol::lol: that''ll show him
 
jweezyferg said:
:lol::lol: that''ll show him
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Or make the guy feel better about himself :D

Seriously, tell him to get out, then change the locks... no documentation means he has no leg to stand on.
 
Just as a note; Once in Charlotte, I let a friend, stay one weekend. [former friend] Short/ story; we both left for work on Mon., he returned, broke back door & entered. Stole property. DA would not charge B&E, because he had left some clothes,& under some kinda of " conveyence" thing, he had the right to retrive his belongings. I HAVE NEVER UNDERSTOOD THAT !!!!!!!!!
 
Green ford said:
I have a cousin Guido. For $50 he will make him disappear! :lol:
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$50??I know a Whino downtown that will do it for a cheap bottle of booze.Trick is you gotta give it to him after.......
 
Call the Sheriff and ask them what the eviction process is in your location. The laws are different in every state, but it's usually the Sheriff who deals with this stuff if the tenant refuses to leave. I know that in NC it can take as much as three months for the actual eviction to go down if they refuse to leave, and once you have served the first eviction notice that time frame resets to zero if you accept any form of partial payment at all. I know of one case from a few year back here in NC where the three months were nearly up and the deadbeat tenant met up with the owner to "try to come to an agreement". During this meeting the tenant ended up paying for the owners lunch, at Hardee's, and then claimed later in court that was partial payment, which reset the time line to zero again. That is a completely ridiculous situation, but it really happened. Unfortunately the laws are often written to protect the tenant, not the owner. In any case, your best bet is going to try to get him to leave willingly and not get the law involved, because the law inevitably ends up making it messy and agravating.
 
had similar situation 20yrs ago, roommate decided coke was more important than rent.

went 3 months with either half or no rent and utilities.

had a co-worker who was a notary, I wrote up a letter of eviction, stating the new tenant was moving in on X date. be out by then or your stuff will be moved out. had it notarized and nailed ( literally) it to the door to his room. ( woke him up in the process )

he started moving stuff out a few days later, but had not go the bulk of his stuff by the time new roomie arrived.

everything was piled in an unused corner of the apt, and the locks were changed. I left a message on his voice mail at his work that to receive the remainder of his stuff, he would have to pay what was owed.

Kept his stuff 6mos, one day the garbage truck was backing down the driveway, we stopped it and loaded all the crap in the back. personal papers, HS yearbooks, some nice clothes, other things that were probably of value.

18mos later he called looking for his stuff...... wasn't real happy when I told him where he could find it.

May not work like this today, but you have no obligation to the deadbeat.
 
Had a roomate like this about 3 years ago, I gave him 3 days to get his shit out, he was pissed, gave me all kinds of bullshit about him not having any place to go, how we were supposed to be friends. Fuck that, he stopped paying his bills, I gave him 2 months to get his shit together, 2 months unpaid, he had to go.

I would suggest being home or helping when he moves his shit out, the day my old roommate moved out my 61" TV got busted, still works but the glass has a large crack in it, I wasn't home when it happened, he swore up and down it wasn't him, I called the cops about it, they wouldn't do anything.
 
Tell him that you think it is best if you live by yourself. Take some vacation time and sharpen a hatchet all day...every day...

He will clear out like a fart in a strong breeze.
 
awspence said:
Have you just tried asking him to leave? You may be surprised how easy this can be, no need to do extra work.
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Don't be fooled and not realize how hard this can be.

If I'm not mistaken you have to go through the same summary ejectment as any landlord. If you have a lease it probably states you cannot sublease so your landlord has grounds for eviction of you. We really need more details.
 
lockedup5 said:
wrong
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How so? If none of the bills are in his name, there is no lease with his name on it, how can he prove he actually ever lived there? I don't think he can, so I would throw his crap on the street change the locks and be done with it.
 
lockedup5 said:
Don't be fooled and not realize how hard this can be.
If I'm not mistaken you have to go through the same summary ejectment as any landlord. If you have a lease it probably states you cannot sublease so your landlord has grounds for eviction of you. We really need more details.
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THAT is the potential problem. HOWEVER, if it were me, I'd contact the landlord, tell him/her that you've allowed a friend to stay for a while (OBVIOUSLY) rent free, and that you want the squatter gone, now that he has overstayed his welcome. Get the landlord on your side, ask for their opinion, ask if it's ok to change out the locks, etc. I don't wanna sound like a pussy, but nowadays if you kick someone out, there might be problems that follow. All of this is just my .02. Good luck with it Justin. :beer:
 
BigClay said:
How so? If none of the bills are in his name, there is no lease with his name on it, how can he prove he actually ever lived there? I don't think he can, so I would throw his crap on the street change the locks and be done with it.
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Do this and see what happens. I'm telling you guys if this squatter knows the law he can rape this landlord and get by w/ it.
 
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