Re: help! "Houseguest?!"

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Re: help! "Houseguest?!"

Posted by dina on January 14, 1999 at 22:09:56:
In Reply to: help! "Houseguest?!" posted by Jane on January 14, 1999 at 01:54:29:

: To make a long story short, this involves a girl subletting a room from a roomate not on the lease, the other 2 of us here are.
: I arrived back from vacation to the subletter's BOYFRIEND sub-subletting until she came back from Africa. I had not been informed,
: and the other roommate had been told he was only staying a few days. We told him, after some rather boorish behavior, thet he had to
: leave the day she came back. Well, I have just had a screaming match with the two of them, and didn't exactly feel safe during the
: episode (a gut feeling). I told her that, due to his behavior in her absence, he is no longer allowed here. She said, "Fine. If he goes, I
: go. I wan't the balance of this month's rent, and I'm gone. She's 20, and believes they are cojoined twins. Anyway, as a lease holder, do
: I have the right to kick this kid out of the apartment, even if she confined him to her room (which of course means the bathroom, too)?
: The other roommate doesn't want him here either, and he has not yet arrived home. Does he have to give her the $225 or whatever balance?
: She has been occupying the room a little over a month, and claims to have paperwork proving she paid him money. She then started threatening me
: with her wealthy parent lawyers (she's a poor little rich girl living the "rock n' roll" lifestyle at this point in her life). If she has this paperwork,
: is she legally allowed to have whomever she wants to stay overnight in her room, if he has done something to offend us? Once again: the other
: roommate and I are on the lease, and the party in question has been subletting from the 3rd roommate, who is not on the lease.
: Do I have the rights to have him forcibly removed?
: I would be very grateful for any advice. About an hour ago, I had two kids slowly surrounding me and yelling the whole time. No, I do not feel 100% safe.
: The other roommate was not here, and I was thinking both about how I was going to physically defend myself, and about the ecommerce tutorial I have to be
: ready for early tomorrow morning. Basically, I don't have time to deal with this, and the boy, at least, has to go. If we don't wan't him here, do we have to
: pay HER to leave?
: Thank you,
: Jane
You should not have to pay her to leave. She is subletting a room in your apartment. If you are the primary tenant and want to end the sublet, that is your perogative. If you wrote up a contract, that is a different story. But, if the contract and/or sublet lease stated that no one else was could occupy the room she sublet than you could terminate her lease based on her failure to abide by the conditions stated in the lease. If no lease or contract exists you can evict her.
I would play hardball. I would not leave her alone in the apartment with my possessions. Also, tell her you will be consulting a lawyer and if you legally must reimburse her for the remainder of the month you will do so.
Follow Ups:

Give em some money! Hawk 1/15/99 (0)

Can't just toss them (legally) MikeW 1/15/99 (1)

Re: Can't just toss them (legally) TenantNet 1/16/99 (0)

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Comments:
: 
: : To make a long story short, this involves a girl subletting a room from a roomate not on the lease, the other 2 of us here are. 
: : I arrived back from vacation to the subletter's BOYFRIEND sub-subletting until she came back from Africa. I had not been informed,
: : and the other roommate had been told he was only staying a few days. We told him, after some rather boorish behavior, thet he had to
: : leave the day she came back. Well, I have just had a screaming match with the two of them, and didn't exactly feel safe during the
: : episode (a gut feeling). I told her that, due to his behavior in her absence, he is no longer allowed here. She said, "Fine. If he goes, I
: : go. I wan't the balance of this month's rent, and I'm gone. She's 20, and believes they are cojoined twins. Anyway, as a lease holder, do
: : I have the right to kick this kid out of the apartment, even if she confined him to her room (which of course means the bathroom, too)?
: : The other roommate doesn't want him here either, and he has not yet arrived home. Does he have to give her the $225 or whatever balance?
: : She has been occupying the room a little over a month, and claims to have paperwork proving she paid him money. She then started threatening me 
: : with her wealthy parent lawyers (she's a poor little rich girl living the "rock n' roll" lifestyle at this point in her life). If she has this paperwork, 
: : is she legally allowed to have whomever she wants to stay overnight in her room, if he has done something to offend us? Once again: the other 
: : roommate and I are on the lease, and the party in question has been subletting from the 3rd roommate, who is not on the lease. 
: : Do I have the rights to have him forcibly removed?

: : I would be very grateful for any advice. About an hour ago, I had two kids slowly surrounding me and yelling the whole time. No, I do not feel 100% safe.
: : The other roommate was not here, and I was thinking both about how I was going to physically defend myself, and about the ecommerce tutorial I have to be 
: : ready for early tomorrow morning. Basically, I don't have time to deal with this, and the boy, at least, has to go. If we don't wan't him here, do we have to
: : pay HER to leave?

: : Thank you,
: : Jane

: You should not have to pay her to leave.  She is subletting a room in your apartment.  If you are the primary tenant and want to end the sublet, that is your perogative.  If you wrote up a contract, that is a different story.  But, if the contract and/or sublet lease stated that no one else was could occupy the room she sublet than you could terminate her lease based on her failure to abide by the conditions stated in the lease.  If no lease or contract exists you can evict her.

: I would play hardball.  I would not leave her alone in the apartment with my possessions.  Also, tell her you will be consulting a lawyer and if you legally must reimburse her for the remainder of the month you will do so.


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