How do you get rid of unwanted roommates?

Wonderwoman2677
Wonderwoman2677 Posts: 428 Member
So, Long story short we rented out our basement without a formal aggreement because I'm an idiot and I thought that would protect us from any crazy stuff. I thought we would be able to scoot them out if it didn't work out. Well, 1 month later they are smoking cigarettes and pot in the house, neither of which I'm ok with and using anything of mine they feel like. After an upsetting yelling match between the roommates yesterday my husband and I went the the PD and talked with an officer. The officer said that if they don't leave on their own it could take up to 2 months to evict them! I'm hoping and praying that they don't know this. They told us they can't pay the rent anymore and are supposed to leave Jan 31. I don't know what to do if they don't leave!

Help!

Replies

  • michellelhartwig
    michellelhartwig Posts: 486 Member
    YIKES! I guess I would start whatever procedures you need to do to get them out ASAP. If they are doing illegal things in your house and you have proof, wouldn't that be enough? Maybe call the cops next time they light up!
  • Wonderwoman2677
    Wonderwoman2677 Posts: 428 Member
    I can call the cops, but if they're in jail when they're supposed to be moving out they can't move out... I have to wait until after Thursday.
  • Kerri_is_so_very
    Kerri_is_so_very Posts: 999 Member
    If there is no "formal" agreement, you change the locks - period. If they aren't paying you, they are not technically "tenants". Tell them they have 1 week to move their stuff out (don't tell them you are planning to change the locks). Then when they are out for errands, work or whatever, change them. Let them call the cops to figure out how to get their stuff back. I don't think you are legally obligated in any since there is no rental agreement. You could say you were doing them a favor and nothing more.
  • hbrittingham
    hbrittingham Posts: 2,518 Member
    I would follow all of the steps for legal eviction, otherwise it could come back and bite you in the butt.
  • Wonderwoman2677
    Wonderwoman2677 Posts: 428 Member
    Unfortunatly, the officer did inform us that they could call the police on us, and they could sue us for forcefull eviction if we just change the locks. I doubt that's a possibility now, but I'm worried it will come back to bite us.
  • egweena
    egweena Posts: 19
    Is there anyway to get un writing that they will leave Jan 31??
  • corn63
    corn63 Posts: 1,580 Member
    DO NOT change the locks.

    Start eviction proceedings as recommended and next time, have a lease with clearly drawn out expectations to the property. But, you should be aware, if it's not a place you should be renting (sometimes rooms or basements are not viewed as "rentable" space in the eyes of the law) you may be able to get them out quicker with a certified letter of "get out in 30 days" since they technically aren't tenants.

    I'd make sure you familiarize yourself with tenant laws in your state.
  • TheRoadDog
    TheRoadDog Posts: 11,788 Member
    Hard way to learn a lesson. If they don't move on the 31st, start eviction proceedings.

    or

    <<<<<<<<You want me and Donnie to come evict them? They don't call Donnie "Bulldog" for nothing.
  • Wonderwoman2677
    Wonderwoman2677 Posts: 428 Member
    Hard way to learn a lesson. If they don't move on the 31st, start eviction proceedings.

    or

    <<<<<<<<You want me and Donnie to come evict them? They don't call Donnie "Bulldog" for nothing.

    Absolutely!!! I think I love you! :)

    This was very stupid of me, I admit, but they're getting my kids high! We have to keep windows open in 20 degree weather. I can't do this for another 2 months!
  • moosegt35
    moosegt35 Posts: 1,296 Member
    Hard way to learn a lesson. If they don't move on the 31st, start eviction proceedings.

    or

    <<<<<<<<You want me and Donnie to come evict them? They don't call Donnie "Bulldog" for nothing.

    Absolutely!!! I think I love you! :)

    This was very stupid of me, I admit, but they're getting my kids high! We have to keep windows open in 20 degree weather. I can't do this for another 2 months!

    Call the cops and have them arrested. They can't bother you from jail.
  • moosegt35
    moosegt35 Posts: 1,296 Member
    If there is no "formal" agreement, you change the locks - period. If they aren't paying you, they are not technically "tenants". Tell them they have 1 week to move their stuff out (don't tell them you are planning to change the locks). Then when they are out for errands, work or whatever, change them. Let them call the cops to figure out how to get their stuff back. I don't think you are legally obligated in any since there is no rental agreement. You could say you were doing them a favor and nothing more.


    yea, you can't do that after you let someone establish residency.
  • Kerri_is_so_very
    Kerri_is_so_very Posts: 999 Member
    Sorry for the poor advice, but it sounded more to me that you let some friends crash in some surplus space (it didn't sound like a separate space since you stated they were "using anything of yours they felt like") I guess follow advice of your local authority.
  • deceived1
    deceived1 Posts: 281 Member
    Moved in with a childhood friend (I've known her since I was about 7 years old). She stiffed us on rent and utilities for the last two months so we had to kick her out. Really difficult situation because on a friend level, she's amazing. As a roommate, not so much.
  • lovelyMYlovely
    lovelyMYlovely Posts: 1,066 Member
    if they said they will leave the 31st they will...
  • devrinator
    devrinator Posts: 79 Member
    Yeah, each state has different laws. In Florida, you can't even kick out someone who crashes with you if they've managed to stay there for a few weeks, with or without a formal agreement. The only option might be eviction, and that might just be the cheapest solution in the long run.
  • chocl8girl
    chocl8girl Posts: 1,968 Member
    Well, they are already in your basement, so you could just kill them...


    OK, ok, kidding. Sorry you are having to go through this. I don't really have any advice other than to cross my fingers that they will leave when they said they will? Let us know! :)
  • labeachgirl
    labeachgirl Posts: 158 Member
    Tell them the next time they light up they'll get a visit from the cops, they might move out sooner to get their fix
  • lambchristie
    lambchristie Posts: 552 Member
    YIKES~~~I must say it was not wise to do this without a month to month.
    At this point your only options, legally is to start the eviction process, which you can not do until they are at least 3-days late with the rent. Just because you do not have the month to month signed agreement does not mean that you can forgo the legal process.
    By the way...is your basement legal, meaning do you have an legal right to rent it? If not you are probably in for even more trouble. :sad:
    Here in CALIF it can take up to six months (or longer) to get an unpaid tenant out. The judge seems to always side with the unpaying tenant. :angry:

    To get all your questions answered you need to contact a lawyer and talk to them on a consultant type basis.

    Good luck!!
  • lambchristie
    lambchristie Posts: 552 Member
    LABeachGirl:

    Really? Sounds like they might be the type who know how to play the system...since they are already saying that they can't pay rent any more.
  • lulu9663
    lulu9663 Posts: 57 Member
    Well, my roommates unintentionally got rid of me. And they needed me to stay, to help them with rent. Here's what they did:

    Left dishes in the sink until they molded
    Got TWO new puppies without consulting with me
    Had sex on my furniture multiple times
    Left their dirty, crusty underwear face up on the living room floor
    Searched through my trash
    Went through my jewelry
    Used my bathroom as their dog kennel during the day, since they didn't want them pooping in the rest of the apartment...
    Gambled all of the grocery and rent money away
    Stole my mail
    Many other things that I'm sure I have forgotten about

    I was DONE the day I came home, and my bathroom was covered in dog *kitten*. I was livid! We were all in the military. The military has cleanliness standards, so I assumed that they would be as clean as me when we moved in together. WRONG. Thankfully, I was only a roommate, and my name wasn't even on the lease. So I just left. We had no rental agreement. Nothing in writing. They ended up having to move back on base because they couldn't afford it without my money, since they kept gambling theirs away. I got an apartment by myself, which was so much better. So my suggestion is to make it SUPER uncomfortable for them to stay. They'll leave as fast as they can.
  • Wonderwoman2677
    Wonderwoman2677 Posts: 428 Member
    Update: I wrote them an email the other day explaining that I would call the police if I smelled anything else or heard/saw any more fighting. They didn't answer me, but yesterday they asked me why their internet wasn't working. I told them it got cut off since I can't pay the bill. They questioned me about it like I was lying, then told me it would be hard to find a place to move to without the internet. I got pretty angry and told them to go to the f...ing library. They left shortly after that and after they got back I made sure that they got my email from the day before. They said yes, but that they still didn't have a place to go. I told them if they weren't gone by 5pm on Jan 31 I would help them leave. I'm expecting them to try to stay, but I'm not letting them. If I have to push them out the door, they are going! I can't believe how stupid they are. I'd rather get sued than let them stay with my family any longer.
  • Wonderwoman2677
    Wonderwoman2677 Posts: 428 Member
    Also, these are not friends... just people that answered an ad. I checked their records and paystubs before they moved in. They just use my stuff...cleaners, laundry detergent, etc... (when they actually clean), I had to make them take out their trash after almost 3 weeks because it was stinking up the house so bad.

    I did have permission from our landlord to rent the space as needed. It's safe, legal to use as a bedroom, etc...
  • moosegt35
    moosegt35 Posts: 1,296 Member
    if they said they will leave the 31st they will...

    What world do you live in?
  • taliar93
    taliar93 Posts: 111 Member
    well since it sounds like them renting from you was basically a verbal agreement, could them saying they're leaving also be constituted as a verbal agreement also? either that or... Write up a little agreement stating they will leave the premises on the 31st, wait until they get high tonight and get them to sign it, I'm not sure where you live though so no idea if it would be considered legally binding, but call your local police station and ask, because if it is, and they don't leave you can call the sheriff to come kick them out :)

    Hope that helps, best of luck, so many horror stories of roommates :(
  • queenprema
    queenprema Posts: 1
    I would love to know how this whole thing turned out...