Legal Advice: Deadbeat roommate

[shmooth]

Ok, RCMB legal minds come together. I bought a house this year and I let a friend move in around May. I knew it was a bad idea when the guy he used to live with came banging on my door looking for him like 3 weeks later, demanding his money. Anyway, after having to battle him to pay me every month and actually going into a little debt myself because of his lack of payment, I've decided that it's enough. Last week I left for Nashville for a few days and I told him to have my money when I get back are start making some plans for somewhere to leave. No money. I just got back from Chicago yesterday, when I left for that trip on Tuesday I left a letter stating the when I get back I better have my money the instant I walk in the house or I better find an empty bedroom. Again, no money. More excuses, he's getting it from a friend, his mom is sending a check, he left his wallet at a girl's house was the last one. So I told him to go get it then. Then she doesn't get out of work until 1:00A. So, I told him last night when I get home from the bar, I better have my money or his **** will be sitting by the curb. At that point, he said if I touched his **** he'd call the cops. Which I thought, fine, call the cops. This is my house, I don't want you in it the cops will make you leave. Anyway, I wouldn't do that anyway. Mostly because I don't feel like carrying his **** down the stairs and outside. Anyway, there was some more back and forth and that was that. After mulling it over a few cocktails, with Sparty2QP, I decided that I don't even want the money. Whether he has it or not, I just want him out of my house. I don't feel like going through this every month. When he came home today, I told him to keep his money (don't know if he even has it, doubt it) just be out by 1st of the month. He said fine, but I have to give him 30 days. I'm not a violent guy, much, but I swear to god there is no way in hell I can see this mother****er in my house for another 30 days without snapping and unleashing the beating of a lifetime. So, does anybody know, do I have to give him 30 days? Can I just change the locks when I get back from my next game on the 1st? Exactly how much trouble would I get in if I kicked him down the stairs?

Note: There is no lease. His license doesn't have this address. He's been here about 90 days.

[tenaciousb]

no he does not because it doesnt sound like he has a lease. also nonpayment voids his ability to claim contractual basis of notice

[Colonel Forbin]

Unleash the fury.

[HUT1HUT2]

a 9-iron helps some people find their wallets.

[shmooth]

Originally Posted by Colonel Forbin

Unleash the fury.

You have no idea. He's upstairs right now sleeping FOR FREE in his bed. I swear to god I want to go up there right now and catch him so hard with the first lick that I knock him unconscious before he wakes back up.

BTW, I was only charging him $300/month.

[Ocens11]

If there is no lease then you have all the leverage here. I'd call the cops and tell them you need to remove a squatter. ...and I'd say your SOL on any payment. Good luck

[Toledo Spartan]

If he has no lease, why would he think that you had to give him 30 days notice to move out?

Its your house. I'm assuming that none of the bills are in his name.

Even if you had a verbal agreement where you would give him 30 days notice to move out, I would think that he lost any right to protest that considering that he hasn't paid his rent.


P.S. You know the guy better than I do, but I'd be concerned about leaving to go out of town with him still in my house. If he knows/believes you're serious, what if he decides to eff with and/or steal your stuff? Or throw the biggest MFing party ever at your house and let the revelers tear it to ****? Don't leave this guy alone for too long - he sounds like the type who wouldn't think twice about screwing you over.

[Jason Grilli's Sofa]

Few options:

1. Throw all his **** outside
2. Change the locks when he's out
3. Grow a pair and tell him he leaves now or you'll do it for him

[Minnie]

Originally Posted by Ocens11

If there is no lease then you have all the leverage here. I'd call the cops and tell them you need to remove a squatter. ...and I'd say your SOL on any payment. Good luck

I second this. Call the cops and tell them you have a squatter and you want him removed immediately.

Since the guy has no lease or identification with your address on it, he can't prove he lives there.

I would then change the locks and consider filing one of these so the guy has no right to come within a certain distance of you and/or your property: http://courts.michigan.gov/scao/cour...ders/cc375.pdf

[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

[Tide06]

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

I used to work in the field, this is very good advice.

[LA_Spartan]

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

Even if it's the house where you reside, you cannot exercise self help in evicting a tenant.

[Todd Farkman]

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

How do you prove an oral contract? What if he lies and says he had no gauranteed agreement? What if he changes the locks and sells all his crap on craigslist or eBay?

And what if he gets 2QP to agree that there was no agreement?

I mean, if I say to a friend "you can stay here a couple months just help out with the bills" am I obligated to keep the guy there until I give him a 30 day notice?


And small claims can cost close to $100....and then you have to find a way to get the money....which he already admits he owes. So that seems like a worthless path. Unless he has a job or a bank account you know of.

[Todd Farkman]

Also, can you evict someone immediately if they are a threat? Let's say you tell the police you think he's stealing from you.

[SpartanJT]

I would start doing REALLY annoying things to make him WANT to leave.

[GaryatMSU]

If he is behind in his rent as you say, then give him the seven day notice. It requires him to pay or vacate within seven days. If he does neither, you can then file the eviction case. No need to give a 30 day notice.

[Edison's Medicine]

Originally Posted by shmooth

You have no idea. He's upstairs right now sleeping FOR FREE in his bed. I swear to god I want to go up there right now and catch him so hard with the first lick that I knock him unconscious before he wakes back up.

BTW, I was only charging him $300/month.

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?

[P Rob]

Originally Posted by SpartanJT

I would start doing REALLY annoying things to make him WANT to leave.

exactly.

turn music up, remove toilet paper from the bathroom, eat his food, remove light bulbs...

[Jason Grilli's Sofa]

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?

For real. Don't make so many empty threats and expect him to take you seriously.

[Todd Farkman]

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?

yeah, really. Normally I ask for SSN and DOB along with past W2s before letting someone rent my place.

[Todd Farkman]

Originally Posted by Todd Jones

exactly.

turn music up, remove toilet paper from the bathroom, eat his food, remove light bulbs...

wait for him to sleep, then go into his room and rifle through his clothes to get his wallet to see if he has cash.


so is this guy easy to beat up?

[SpartanJT]

Originally Posted by Todd Jones

exactly.

turn music up, remove toilet paper from the bathroom, eat his food, remove light bulbs...

Shower first, use up all the hot water and then turn the hot water heater off. Get up in the middle of the night and turn the stereo (or home entertainment system) up LOUD. Put a padlock on the fridge. Etc.

[JonEintheD]

Yeah, self-help is not something that is really looked upon with a beaming smile.
Best option is to use the court system.

My only other contrarian opinion- though not supported by law, but by practicality.

What is the likelihood that he would sue you- if he doesnt have enough money to pay rent?

[VP Sarah Palin]

Originally Posted by SpartanJT

I would start doing REALLY annoying things to make him WANT to leave.

Originally Posted by Todd Jones

exactly.

turn music up, remove toilet paper from the bathroom, eat his food, remove light bulbs...

Remove the fuse for his portion of the house, park in his parking spot, rub one out on his pillow, tell everyone who calls here that he longer is a