I already offered to take the couch if she moves in. I stand by my word, he doesn't... I don't want to take his room though, it's much smaller and the rent is suitably much cheaper. But, yeah, she's welcome to sleep here until things get sorted, I just don't want it to get there.
I already offered to take the couch if she moves in. I stand by my word, he doesn't... I don't want to take his room though, it's much smaller and the rent is suitably much cheaper. But, yeah, she's welcome to sleep here until things get sorted, I just don't want it to get there.
newParadigm
Diamond Member
- Jul 30, 2003
- 3,667
- 1
- 0
Try reading the law before opening your yap about an OCCUPANT which is distingushed from a TENANT
Tenant = Name on Lease
Occupant = Name not on Lease = access at the discretion of the Tenants.
My apartment is spotless since I was just showing it. And, no, no one else has any drugs and such, we're all a bunch of squares.
Yes, assault is a crime. You need to work this out with your roomates. If all of you get together and face this situation head on, you can get it done.
Originally posted by: darkxshade
Is she hot?
If so I can put her up at my place in NYC until you kick him out, I got a spare bedroom.
She's cute but she'll have my room if she needs a place to stay - I'll bunk at your place if the offer still stands!
I'm not talking assault, just talking more alon the lines of each roommate grabbing his arms then pushing him out the door. I exaggerated, I didn't mean throw throw, just push out.
They cannot toss his stuff in the dumpster. They can pack it into a storage space the super has a key to and let that be it. BUT throwing his stuff away opens them up to small claims actions.
Also, the drug stuff may spalsh onto them as well.
Cop '"why did you wait until now to turn tell us about this?"
Freedomsbeat212: "uhhh I dunno"
Cop "well when did you do drugs last? We may have to let the landlord know about this"
Not a very smart idea.
Then I'd go with the "Officer! We found drugs in his room! No, we never knew about this before!" Admitting you've known about it for awhile might be a bad idea, but reporting it shouldn't have a negative impact on you. At least I hope.
1sikbITCH
Diamond Member
- Jan 3, 2001
- 4,194
- 574
- 126
Not going to happen, unless there is a domestic dispute going on and they make him leave to keep the peace (or he has crack in his pocket
)There are laws to prevent roommates and landlords from suddenly deciding to throw people onto the street, lease or not. If he has physical possession of the property (his stuff's there, history of paying at least some bills, someone who will admit to the cops that he had a verbal if not written arrangement to stay there) than you have to legally evict him through the courts.
I've been a landlord for many years. Our procedure was to give tenants a 1 year lease that reverts to a month to month agreement after the year is up. And I believe any verbal agreement ("yes you can live here for $xxx a month") is treated as a month to month lease (could be wrong).
They could leave at any time, and I could ask them to leave at any time. I still had to give 30 days written notice by law, and after 30 days if they wouldn't leave I would have to start eviction proceedings, wait for the court date, and then come back with the sheriff. That's the law in Maryland, NYC isn't going to be all that different.
Thanks for all the advice - here's my gameplan:
(Nicholas will be addressing the deadbeat based on my advice, I'm not on the lease nor is it really my problem, I just gave the new roommate my word that she'd have a room on the 1st so I'm doing everything that I can to make sure it happens.).
1. Nicholas will tell him on the 31st that he has 12 hours to get out. That by 1 AM he's expected to hand over the keys and be vacated
2. 1 AM (I'll try not to be drunk even though it's New Years!) if he's not home, move his stuff to the public hallway for everyone in the building to have a new year gift of their choice.
3. If he is home we'll call the cops on him and say that he is tresspassing since he is NOT on the lease. I've already called my management company and left them a voice mail - they'll change the locks and reprogram our security code if they have to, we'll of course pay whatever expenses are incurred
4. Utilities. Nicholas is well off and I offered to chip in as well. We feel it's best to walk away from this f*ck than stretch this out. But I'll mention small claims court to him as an option.
5. If the cops can't help us and Tillly is homeless, she'll take my room and i'll sleep on the couch
6. My buff , marine cousin will convince him, non-violently of course, to move out if nothing is resolved by the 2nd...
(Nicholas will be addressing the deadbeat based on my advice, I'm not on the lease nor is it really my problem, I just gave the new roommate my word that she'd have a room on the 1st so I'm doing everything that I can to make sure it happens.).
1. Nicholas will tell him on the 31st that he has 12 hours to get out. That by 1 AM he's expected to hand over the keys and be vacated
2. 1 AM (I'll try not to be drunk even though it's New Years!) if he's not home, move his stuff to the public hallway for everyone in the building to have a new year gift of their choice.
3. If he is home we'll call the cops on him and say that he is tresspassing since he is NOT on the lease. I've already called my management company and left them a voice mail - they'll change the locks and reprogram our security code if they have to, we'll of course pay whatever expenses are incurred
4. Utilities. Nicholas is well off and I offered to chip in as well. We feel it's best to walk away from this f*ck than stretch this out. But I'll mention small claims court to him as an option.
5. If the cops can't help us and Tillly is homeless, she'll take my room and i'll sleep on the couch
6. My buff , marine cousin will convince him, non-violently of course, to move out if nothing is resolved by the 2nd...
EXACTLY.. He should be so ashamed of what he's done, instead he's acting belligerently and pretending like we're somehow to blame... This doens't affect my wallet but he's no longer a friend - you don't act that way. It's childish and selfish..
If you said that he's got a lot of weed and cocaine in the room, call the cops and say you don't know what's going on but a lot of people show up at all hours of night and he's known to do drugs. Also mention that he agreed to leave on the first and that you have another tennant and he's holding them from moving in. It's up to you on whether or not you wanna get the chick involved or not, though.
Please, I'm begging you... don't call the police. The police will bring misery & torment into your life and all those in the house. Any option is preferable to the police. The police are never the answer... only the problem.
Thank you for not calling the police.
Thank you for not calling the police.
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
bad bad idea. you are opening yourself up to a lawsuit.
1sikbitch said if he has a history of livng there (his stuff, mail etc) you have to evict him legally.
this plan you have is really dumb. you are just opening yourself up.
but hey go ahead! what are the chances he will sue? or once all his stuff is stole him calling t he cops on you?
OK, well.. I don't want to do anything illegal.. But, to be honest, he doesn't have the money to pay his $80 utility bill, I doubt he'll have the money to take the lease signer to court. The lease signer's mom is looking for an apartment in the $2 million range - he'd BURY the deadbeat in court.
We would evict him legally but how is waiting for that to be resolved fair to the new roommate? How is that justice?
Isn't the fact that he does drugs and possibly still possess it enough to threatening him to leave or you would call the police which would undoubtedly be extremely bad for him.
They are doing it legally. IF any of you would care to read the link I had on my first reply, it's clearly laid out. TENANTS have rights that OCCUPANTS do not.
Tenant = Name on lease
Occupant = Name nowhere on lease. Permission to pass is at the discretion of the TENANT. NO Notice is required.
However Tenant is required to let landlord know who is in the apt., according to whatever arrangement they may have. BTW, Month to month occupants have no rights of succession. Multiple TENANTS may pass on their tenancy only with the permission of the landlord, and all tenants are allowed to succeed into a continuation of the lease agreement.
If they were a tenant, eviction takes at least 30 days from the either the non-payment of the rent or the filing for eviction (the 11th at my apartment complex). So, if the guy was a tenant instead of an occupent, they'd be stuck with this parasite for another month.
My dad, a landlord, gave me the 30-day figure as well... The worst part is not the 30 days of no rent, the worst thing was not being able to show the place until AFTER those 30 days because the tenants also happened to be pigs who let their garbage pile up for days. I always suggested that he turn off the utilities but I guess that was a little too hardcore for him
I skimmed the article and emailed it to my roommate, the lease signer. Very interesting info.
Thanks!
Captante
Lifer
- Oct 20, 2003
- 30,353
- 10,877
- 136
I'd go ahead with all of your plan except for putting his stuff in the public hallway for anyone to snag, thats the part that could end up biting you & your roomate in the a$$ ... no lawyer is needed for small claims court & you could easily be found liable for any of his possesions that get stolen by your neighbors... I know its short notice, but I'd try to find a storage space for his stuff.
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