Roomates who dont pay rent. what to do?

[KeithTalent]

Verbal = words written or spoken. You probably mean oral.

And oral contracts (*chuckle*) are just as valid as written ones, they're just a lot harder to prove that they exist.

IANAL, but the little bit of law we've done in business school has taught me that there are a few things required for a contract, and none of them include anything written.

Generally you need an offer, intent, consideration, capacity, and acceptance (there may be a few others, but I can't remember them). Nothing needs to be written down and wikipedia backs this up: 'An unwritten, unspoken contract, also known as "a contract implied by the acts of the parties", which can be either implied in fact or implied in law, may also be legally binding.'

It seems that all those conditions existed, and the roommate can prove this by showing the cashed rent cheques. Thus, the roommate is probably considered a tenant and has tenant's rights.

Again, IANAL.

Yes yes, I just try to avoid saying oral around here. :hmm: 😀

I understand these are considered binding as written agreements, but again, I seriously doubt she has her shit together enough to properly fight this and it would be even more difficult if nothing is written down. My experience with these types of people shows them to not be all that well organized.

WTF! How bad did you kick his ass?

I didn't, but I had to hold back my other roommate from beating him with nunchucks. 😀

KT

 

[Phoenix86]

Yep. All posters telling the OP to put her shit on the curb and change the locks are 100% wrong. OP could be sued to high heaven

I don't think you are playing this out enough.

So she fucking sues them, here's what'll happen. Judge will find in favor of the chick for damages to property. THEN he'll find if favor of the OP for the rent/utilities. Just make sure the damages to property isn't more than the rent/utilities. If she has some really valuable stuff store that for later. Curb/sell the rest of it to cover rent.

There's some downside you'll have to cover first, though. She can sue for wrongful eviction. SO EVICT HER, talk to the landlord (who the OP will still owe full rent to in the mean time). Evicting her will be easy if she is violent, just document said violence. In almost every city (YMMV) you can evict someone ASAP if they are violent/hostile.

This process will take some time, you can't simply toss her shit in a day but it won't take that long.

But you MUST pay rent (and eventually utilities), the person YOU have an agreement with doesn't care about her inability to pay.

 

[waggy]

Y

I didn't, but I had to hold back my other roommate from beating him with nunchucks. 😀

KT

hahahahah i can see it.

Barf!

damn dude!

you shall die for that dishonor!

:ninja:

 

[waggy]

I don't think you are playing this out enough.

So she fucking sues them, here's what'll happen. Judge will find in favor of the chick for damages to property. THEN he'll find if favor of the OP for the rent/utilities. Just make sure the damages to property isn't more than the rent/utilities. If she has some really valuable stuff store that for later. Curb/sell the rest of it to cover rent.

There's some downside you'll have to cover first, though. She can sue for wrongful eviction. SO EVICT HER, talk to the landlord (who the OP will still owe full rent to in the mean time). Evicting her will be easy if she is violent, just document said violence. In almost every city (YMMV) you can evict someone ASAP if they are violent/hostile.

This process will take some time, you can't simply toss her shit in a day but it won't take that long.

But you MUST pay rent (and eventually utilities), the person YOU have an agreement with doesn't care about her inability to pay.

IF he has a legal eviction he can throw her shit out without worry on eviction date. If not he can get screwed. some have treble damages for unlawful eviction!

the best advice was find out local laws!

 

[Paladin3]

This is a hilarious thread. Nick1985 is quoting VT law and the most of the responses are still arguing. You can't steal someones shit just because they owe you money. You can't lock someone out of their place of residence without due process.

The OP didn't get any form of deposit when the chick moved in, so now you are pretty much fucked and you have to pay her share of the rent or your landlord will evict you. Fair or not, that's how it works.

Next time get a full months rent as a deposit and serve any non-paying roommate with a pay or quit notice as soon as they are 3 days late. Then follow up with notice of eviction so you can legally change the locks and toss their shit out on the street after the 14 or 30 days are up.

And one more question. You said that the chick was a "trust-fund brat" or something like that. Does that mean she has rich parents somewhere funding her existence? If so, give them a call, let them know their baby is in trouble, and ask if they can pay her rent so she doesn't get kicked out. That will cover your rent, keep you from being evicted, and give you time to legally kick her out and find a replacement roommate.

Just remember to ask the new roommate for a deposit.

 

[KeithTalent]

hahahahah i can see it.

Barf!

damn dude!

you shall die for that dishonor!

:ninja:

Lol, exactly and it wasn't the first time I had to stop him from attempting to kill the guy. Ahh, good times, good times. 😀

KT

 

[SunnyD]

hahahahah i can see it.

Barf!

damn dude!

you shall die for that dishonor!

:ninja:

What's funnier is that I'm imaging this transpiring, and in my head it's being dubbed from Japanese to English, a'la Godzilla. 😀

 

[Ns1]

nick is seriously the only one here with any real sense

 

[BrokenVisage]

roommates*

 

[dr150]

Options To Collect the Money:
1.) Pimp her out
2.) Start a Lolita website and sell nude pictures/videos of her
3.) Take her to Peoples Court (yes, the one on TV)
4.) Take a picture of her while she's taking a dump and then threaten to give it out to EACH of her coworkers.
5.) Call parents to collect and explain that she's being a douche....then kick her out.


Btw, if college dorms kick "hard-up on cash" kids out for missing rent, why should you be any more generous?

Bizness is Bizness biatch!...or GTFO!

 

[Adrenaline]

3 - she's actually not on the lease. which is for better or for worse.
5 - we have not spoken to the land management about changing the locks. we're not to worried about that end of it. Where I live, its sort of slumming it.

I would pay the bill and have the landlord change the locks. Have her come pack her shit up and get it out on a set date, or you can leave it outside for her to get.

She is not on the lease, I would put her ass out.

 

[drum]

nick is seriously the only one here with any real sense

Nick should put that in his sig and then venture back over to P&N 😀

 

[ahenkel]

Nick should put that in his sig and then venture back over to P&N 😀

I believe that would cause a ripple in space time and destroy our universe.

 

[jlee]

Where in VT do you live that you're paying $1650 for a 3br in a slummy area?

 

[BoomerD]

http://www.rentlaw.com/eviction/vermontevictions.htm

Eviction for Nonpayment of Rent
If the landlord's reason for evicting the tenant is that the tenant has not paid some or all of the rent owed the eviction notice must be in writing. The date given in the notice to pay back rent or leave (the "termination date") must be at least 14 days from the date you receive the notice. The notice does not have to be served by a sheriff or other law enforcement officer in Vermont.


So...what the OP proposes is illegal by Vermont law.

He cannot throw her out, he cannot give her 4 days then change the locks, he cannot keep her stuff and sell it on Craigslist.

 

[zinfamous]

His second sentence of the OP



Sure sounds like a rental agreement to me

um, taken alone, all that sentence says is that the roommate has an agreement with the OP and the other roommate. that doesn't sound like any kind of legal obligation.

 

[SunnyD]

http://www.rentlaw.com/eviction/vermontevictions.htm

Eviction for Nonpayment of Rent
If the landlord's reason for evicting the tenant is that the tenant has not paid some or all of the rent owed the eviction notice must be in writing. The date given in the notice to pay back rent or leave (the "termination date") must be at least 14 days from the date you receive the notice. The notice does not have to be served by a sheriff or other law enforcement officer in Vermont.


So...what the OP proposes is illegal by Vermont law.

He cannot throw her out, he cannot give her 4 days then change the locks, he cannot keep her stuff and sell it on Craigslist.

OP is also not the landlord nor is there a verifiable sublease, therefore this does not apply.

 

[waggy]

What's funnier is that I'm imaging this transpiring, and in my head it's being dubbed from Japanese to English, a'la Godzilla. 😀

HAHAHAH yeah that does make it better lol :awe:

 

[Paladin3]

Where in VT do you live that you're paying $1650 for a 3br in a slummy area?

This want to know this, as well, do I. hmmmm?

Maybe want to admit not that you are paying $1100/mo, and are making girls pay $550 each, you are? hmmmm?

Pimpin', you are? hmmmmm?

(Strong is the Force)

 

[jlee]

OP is also not the landlord nor is there a verifiable sublease, therefore this does not apply.

??

(4) "Landlord" means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part.

(8) "Rental agreement" means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises.

 

[Patranus]

This is the definition of tenant you provided. The rental agreement is the lease, therefore the tenant is the person entitled under the "lease". Since the roommate is not on the lease she isn't the part of the "tenant". That's how I read it :\

No, the rental agreement is the verbal contract the tenants made with this woman.

I would also watch out because if you cannot sublease under your original rental agreement you could find yourself out of a place to live as well. If you are not allowed to rent out the property (IE everyone must be on the lease) the land lord might just say fuck it and evict you all instead of dealing with the bull shit.

 

[JEDIYoda]

OP made no mention of the roommate leaving after this month. So not only is the OP going to have to fork over that roommates share of the rent so he himself doesnt get evicted, but this seems to me like a pattern that will continue indeffinately. Contacting a lawyer to get it resolved now will probably save him money and hassle in the end.

Obly problem with getting a lawyer...these type of lawyers want their money up front and are not cheap....

 

[GhettoPeanut]

OK!

So the issue has been solved more or less.
I was able to corner her at work, after listening to what nick1985 (props to you dude) had to say, it seemed the best thing to do would be to threaten legal action. Makes sense, she can't afford rent, she sure as hell can't afford a lawyer. Well it worked, or seemingly so, she's working on getting the money, and she'll be out by Aug 1st. Not ideal, becuase now we have to find someone to move in by the end of this month. so we may be eating the cost.

I guess the thing that sucks about all this; instead of her coming to us and the land lord and maybe trying to explain the situation, she decided she would simply just trying and leave, ignore, and avoid the situation. cowardly of her. She claims its a personal family issue. hard to believe if she's looking for another apartment to move into...nothing gets cheaper then 550 around here unless you move 30 mins outside of town, and even then, wont drop below 480...it is what it is i guess.

Now i just need to remember to not punch her in the face when I'm drunk down town in the event i see her.

 

[jlee]

OK!

So the issue has been solved more or less.
I was able to corner her at work, after listening to what nick1985 (props to you dude) had to say, it seemed the best thing to do would be to threaten legal action. Makes sense, she can't afford rent, she sure as hell can't afford a lawyer. Well it worked, or seemingly so, she's working on getting the money, and she'll be out by Aug 1st. Not ideal, becuase now we have to find someone to move in by the end of this month. so we may be eating the cost.

I guess the thing that sucks about all this; instead of her coming to us and the land lord and maybe trying to explain the situation, she decided she would simply just trying and leave, ignore, and avoid the situation. cowardly of her. She claims its a personal family issue. hard to believe if she's looking for another apartment to move into...nothing gets cheaper then 550 around here unless you move 30 mins outside of town, and even then, wont drop below 480...it is what it is i guess.

Now i just need to remember to not punch her in the face when I'm drunk down town in the event i see her.

Where is "around here"?

 

[gorcorps]

OK!

So the issue has been solved more or less.
I was able to corner her at work, after listening to what nick1985 (props to you dude) had to say, it seemed the best thing to do would be to threaten legal action. Makes sense, she can't afford rent, she sure as hell can't afford a lawyer. Well it worked, or seemingly so, she's working on getting the money, and she'll be out by Aug 1st. Not ideal, becuase now we have to find someone to move in by the end of this month. so we may be eating the cost.

I guess the thing that sucks about all this; instead of her coming to us and the land lord and maybe trying to explain the situation, she decided she would simply just trying and leave, ignore, and avoid the situation. cowardly of her. She claims its a personal family issue. hard to believe if she's looking for another apartment to move into...nothing gets cheaper then 550 around here unless you move 30 mins outside of town, and even then, wont drop below 480...it is what it is i guess.

Now i just need to remember to not punch her in the face when I'm drunk down town in the event i see her.

You'd punch a chick in the face? Don't let the mods see this...