Legal Advice: Deadbeat roommate

[Tom Hagen]

Originally Posted by Spartanjd01

Raise your hand if you practice any landlord - tenant law? Nobody?

You have an oral lease for an undefined period of time. The law infers that this oral lease may be terminated by either party (for any reason) on 30 days notice. You must give him 30 days notice that he has to move. If he does not, then you will need to file suit and receive a judgment for possession (another 10-14 days) which will allow you to get a writ of eviction (10days) and be acted upon by a court officer (if you pay them, in another few days, unless you are in city of Detroit, then up to a month). You can also serve him a 7 day notice of non-payment of rent and if he does not pay the rent in 7 days, you can file suit for possession at that point, but if he pays after you get the judgment (within 10 days) then you can not evict him.

I would give him the 30 day notice he requested and tell him that if he is still there on September 1st, you will sue him in small claims for the rent, even if he moves in 30 days.

You can find the forms by going to Michigan.gov and following links to Michi
gan Courts, then Trial Courts, and then forms - landlort/tenant

I am not a good lawyer (or so I have been told by the great legal minds on this board) but I would do this. Use the 7 day for non-payment (if your "goal" is to get him to pay) or the 30 to terminate his tenancy (if you "goal" is to get him out).

This is also predicated on you living in MI.

[shmooth]

Thanks for all the advice. I'm not interested in the money at all. I just want him gone. The 2 times he's actually paid rent, he paid in cash so he has no records of anything. I've given him until the 1st. If the police have to be involved, he'll have his story and I'll have mine.

As for friendship, he's a deadbeat lying piece of **** and I don't care to ever associate with him again. Lesson learned on this one.

[Todd Farkman]

Originally Posted by Tom Hagen

I am not a good lawyer (or so I have been told by the great legal minds on this board) but I would do this. Use the 7 day for non-payment (if your "goal" is to get him to pay) or the 30 to terminate his tenancy (if you "goal" is to get him out).

This is also predicated on you living in MI.

Why? I don't get it. Why be a major ass *****?

Do you think some dead beat is going to go retain a lawyer and sue over this?

When it comes to matters like this, if it's not an open/close case, you have to call people's bluff.

I wouldn't give the bastard one more day. I'd beat the ****er down, get his car keys, open his car, stuff all his **** in the car, remove the house key, and throw the ****er into his car. If you can't do it alone, get a friend(s) to help you.

Do you think a loser that has to sponge off of everyone else is going to make the effort to take this to another level? And even if he does, do you think he has a case?

[Sparty2QP]

But we still reserve the right to **** you up!!

[shmooth]

Originally Posted by Sparty2QP

But we still reserve the right to **** you up!!

I mean,.... I'm being all congenial about this **** and all...

BTW, next Sunday, move out party at my place is he's still here. Start rounding up the troops. If we get enough of us, can have his **** out and locks changed all in bout half an hour.

[Sparty2QP]

Originally Posted by shmooth

I mean,.... I'm being all congenial about this **** and all...

BTW, next Sunday, move out party at my place is he's still here. Start rounding up the troops. If we get enough of us, can have his **** out and locks changed all in bout half an hour.

Dude, I am in G Haven all next weekend (Sunday is my b-day). But there are plenty of people coming, so if you want to have the move out Labor Day Party, Im down!

Let's plan it for Monday!

[IGGcitable]

"GET. THE. F$#$. OUT."

Sincerely,

Billy Ray Valentine

[Jaheab]

Originally Posted by Sparty2QP

Dude, I am in G Haven all next weekend (Sunday is my b-day). But there are plenty of people coming, so if you want to have the move out Labor Day Party, Im down!

Let's plan it for Monday!

I'll bring a some cake

[shmooth]

Originally Posted by Edison's Medicine

So who gets to be the one to knock you unconscious for allowing yourself to be in this position and then whining like a little girl about it?

You can. Come holla at me. Want my address?

[Senator Blutarsky]

Originally Posted by Jaheab

I'll bring a some cake

then he'll have to counter with this cake

[Da Chocolate Monk]

[chachi]

Originally Posted by Spartanjd01

Raise your hand if you practice any landlord - tenant law? Nobody?

You have an oral lease for an undefined period of time. The law infers that this oral lease may be terminated by either party (for any reason) on 30 days notice. You must give him 30 days notice that he has to move. If he does not, then you will need to file suit and receive a judgment for possession (another 10-14 days) which will allow you to get a writ of eviction (10days) and be acted upon by a court officer (if you pay them, in another few days, unless you are in city of Detroit, then up to a month). You can also serve him a 7 day notice of non-payment of rent and if he does not pay the rent in 7 days, you can file suit for possession at that point, but if he pays after you get the judgment (within 10 days) then you can not evict him.

I would give him the 30 day notice he requested and tell him that if he is still there on September 1st, you will sue him in small claims for the rent, even if he moves in 30 days.

You can find the forms by going to Michigan.gov and following links to Michigan Courts, then Trial Courts, and then forms - landlort/tenant

This is the answer.

FTR - If a girl spends a night or two at your place and moves ANYTHING in she may also be able to make this claim whether she has agreed to pay anything or not... at least in MI.

[chachi]

Originally Posted by Todd Farkman

Do you think some dead beat is going to go retain a lawyer and sue over this?

I doubt it however this kid seems to know you can;t kick him out without the 30-day eviction. Therefore, if you go changing the locks he will have a simple case and beyond that, if you start throwing his **** out on the street you will probably be charged criminally and if anything is "missing" you can easily be held liable for that.

Since he seems to know eviction law to a point you are going to have to play this straight.

You can make living there VERY uncomfortable for him and that may speed his exit...

[Da Chocolate Monk]

Originally Posted by chachi

This is the answer.

FTR - If a girl spends a night or two at your place and moves ANYTHING in she may also be able to make this claim whether she has agreed to pay anything or not... at least in MI.

in reality there is no way in hell he (deadbeat) is going to claim an oral lease because that will imply that he actually owes the money and will tend to validate the claims of the property owner (that the bitch owes him money).

He is an ******* ****ing with you and has no intention of either paying or enforcing the terms of any oral lease in court. He pulled the 30 notice **** because he has obviously researched it before and is just trying to scare you.

While no decent lawyer will recommend self-help prior to eviction - in this case it is probably a no harm result. Put his **** on the front lawn and dare him to make a claim against you. He is a dick head.

[chachi]

Originally Posted by Da Chocolate Monk

in reality there is no way in hell he (deadbeat) is going to claim an oral lease because that will imply that he actually owes the money and will tend to validate the claims of the property owner (that the bitch owes him money).

He is an ******* ****ing with you and has no intention of either paying or enforcing the terms of any oral lease in court. He pulled the 30 notice **** because he has obviously researched it before and is just trying to scare you.

While no decent lawyer will recommend self-help prior to eviction - in this case it is probably a no harm result. Put his **** on the front lawn and dare him to make a claim against you. He is a dick head.

The thing is, it is the cops that will show up in that instance... not a judge or a lawyer. They will ask how long he has lived there and ask NOTHING about a lease. They will say that no matter WHAT if he has been living there you have to evict him properly.

I have BEEN there trying to do this same thing. If the kid knows the law at all, all he has to say is that "he let me live here for free" in court and that s that. No lawyer and no documents = no recourse.

He will get his 30 days from the cops. Messing with his property will only make the situation worse when the cops arrive.

Do what you want, the cops will ask if he has been properly evicted and when the answer is no, the property owner will be risking criminal charges.

[Sparty2QP]

If the cops show up, then shmooth should simply say "Well, since you are here, in addition to not paying the rent, there is some money missing from my office. I would like to file a police report for that. Hey, deadbeat, since you admitted taking it, said you had it, and would return it later, do you happen to have any idea where that money is??!?!?!?"

[chachi]

Originally Posted by Sparty2QP

If the cops show up, then shmooth should simply say "Well, since you are here, in addition to not paying the rent, there is some money missing from my office. I would like to file a police report for that. Hey, deadbeat, since you admitted taking it, said you had it, and would return it later, do you happen to have any idea where that money is??!?!?!?"

He certainly can do that but it will not void the 30 day. It will lead to everyone filing criminal charges, the cops saying "put his stuff back in the house and file the 30-day". Unless you have him on camera gaffing cash the cops will roll their eyes and say "work it out in court."

Advice: file the 30 day... it will take less than an hour.

[Misterray]

If anyone that you let into your home carrying a toothbrush in their pocket has the right to stay there for 30 days, the law is ****ED.


Are you lawyers SERIOUSLY stating that EVERY single overnight house guest of every single homeowner in Michigan can F-them over for a month if they feel like it and the cops will help?

Great! Guess I'll just go tresspass anywhere I like and claim to be a tennant if people tell me to leave.

[VanWilder]

Originally Posted by Spartanjd01

Raise your hand if you practice any landlord - tenant law? Nobody?

You have an oral lease for an undefined period of time. The law infers that this oral lease may be terminated by either party (for any reason) on 30 days notice. You must give him 30 days notice that he has to move. If he does not, then you will need to file suit and receive a judgment for possession (another 10-14 days) which will allow you to get a writ of eviction (10days) and be acted upon by a court officer (if you pay them, in another few days, unless you are in city of Detroit, then up to a month). You can also serve him a 7 day notice of non-payment of rent and if he does not pay the rent in 7 days, you can file suit for possession at that point, but if he pays after you get the judgment (within 10 days) then you can not evict him.

I would give him the 30 day notice he requested and tell him that if he is still there on September 1st, you will sue him in small claims for the rent, even if he moves in 30 days.

You can find the forms by going to Michigan.gov and following links to Michigan Courts, then Trial Courts, and then forms - landlort/tenant

This is technically great legal advice, something I suspect you'd get from a real lawyer if you called them to help. Problem is, you know dude won't show up in court, and why in the world would you pay $100, spend countless hours trying to collect on a guy who won't pay on a Judgment?

Here is the advice from a somewhat shady lawyer:




By the way, it's amazing what comes up on google when you search "baseball bat".

[Redwingenator]

Write up something saying that he agreed to pay $300/mo and he has not paid any rent for ...... months, but you are waiving all previous and future rent if he agrees to move out in 30 days. At least you have some sort of proof of an agreement, and his admission that he has not paid rent. He might be dumb enough to sign it just to get out from owing you money. Then you can start the eviction process.

[Sparty2QP]

Hey shmooth.... What if the "driveway" starts deflating his tires? He has no proof that it wasnt the driveway/neighbors/random kids.

Might make him want to move out of the bad neighborhood quicker.....