I have some issues with my roomate and I need him gone...
I have no ties to this guy, hes a random douchebag i found on craigslist, so i have no problem screwing him over, but I want to be legal about it.
I live in a large apartment complex. My name is the only name on the lease and I subleased the 2nd room to him. This is against my lease and will get me evicted if they find out.
I know I need to give him 30 days. But should I give it to him now? or wait till the second his rent check clears? This way he cant jump ship and leave me with Octobers rent on my own. He does have a $500 deposit and I do plan on giving it back if things go smoothly.
Does anyone have a legal template I can use as a 30 day notice of eviction?
Lets say he leaves on the 15th, do I have to pro-rate the rest of the month to him? or is he bound to pay through the entire month?
This guy is a pile of racist shit who committed a hate crime in the complex (assult with a racial slur towards a middle eastern man) for childish reasons.
I just want the guy gone.
Any help would be apperciated.
Microsoft has templates you can download, but it sounds like it wouldn't even matter - your sub-lease is invalid if it is not allowed per your original apratment lease. You have no legal ground to stand on. Have you attempted to speak to him and ask him to leave?
Lets say he leaves on the 15th, do I have to pro-rate the rest of the month to him? or is he bound to pay through the entire month?
Depends on what the lease says. If he has to give thirty days if moving out then he would be responsible for thirty days rent from the time that he gives notice. If you just want him out though, this is not something I would fight with him on.
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Try working something out -- cuz if he squeals on you, then you too might face an eviction action. A month to month, no biggie, but a termed lease then you get booted and still owe the remainder of the lease.
Take Oct rent, serve him notice and tell him if he vacates at the expiration of the notice, you'll return October's rent and the security deposit.
The last thing you wanna mess with is a "professional" room renter.
i would think the wording in the lease about subleasing is meant to stop the original tenant from subleasing the whole apartment to someone else it sounds like you just took on a roommate and you still reside in the apartment. i would colect the rent check for oct. cash it and then give him a notice in writting that he has to leave in 30 days i wouldnt bring up the deposit unless he does and if so tell him it will be returned after he vacates the premises barring any damages etc. you can buy a generic type 30daynotice at office depot/office max and give him a copy and you will keep a copy
Well if this guy has established residence than he has tenant rights in the eyes of the court. It really doesn't matter if you are the sole named leasee with the complex. If you really want this guy out then serve him with the notice to vacate and DO NOT take any rent. If you take rent then he has the expectation of another months tenancy. ANy easy way to have him "evicted" is to have the victim of the hate crime seek a civil stay-away order from the court in your area, probably Newport Beach or Santa Ana. If the court issues the order he is forced by law to leave. You then have him move all, I mean ALL, his crap so it breaks his residency. If he tries to return you call the cops and he goes to jail. And if he tries to break in you have him arrested for burglary......Hope it all works out.
Nothing talks like cash. Serve a 30 day notice and then offer the guy whatever cash you think it will take, payable upon surrender of possession of the unit. A 30 day notice will have to be followed up with an eviction lawsuit if the guy does not leave voluntarialy. Your landlord may not take too kindly to having his property named in an eviction suit.
Next time, no roommates. I do this stuff for a living & you would not believe the horror stories, especially women who let in male roommates from hell......
Nothing talks like cash. Serve a 30 day notice and then offer the guy whatever cash you think it will take, payable upon surrender of possession of the unit. A 30 day notice will have to be followed up with an eviction lawsuit if the guy does not leave voluntarialy. Your landlord may not take too kindly to having his property named in an eviction suit.
Next time, no roommates. I do this stuff for a living & you would not believe the horror stories, especially women who let in male roommates from hell......
Yup, cash for keys works wonders and makes everybody feel all fuzzy and warm inside (except for the person paying, of course). Keep it simple and kill him with kindness instead of legal docs.
Depends on what the lease says. If he has to give thirty days if moving out then he would be responsible for thirty days rent from the time that he gives notice. If you just want him out though, this is not something I would fight with him on.
there is no written lease between him and i, just verbal. I think thats where i was too passive in this whole ordeal.
The problem here is that I dont know how he will react. He will either just accept it and carry on and move out with no problems or he will do something durrastic.
This guy is mellow, but has a short fuse and has proved he is unpredictable. He is intimidated by me and knows that im not happy with his recent actions. I think he knows his day is coming.
The reason for this post is just to cover the legal side of it just in case he trys to get stupid. Hes desperate because he just lost his job as well - but that is not a reason for his eviction.
just a quick update......
the focker moved out today while i was at work (willingly).....i gave him notice and he couldnt understand why.
The nieghbor told me that when he was leaving today, he said bye to her then warned her that i was "weird".
this is coming from a guy who I later found out hes been lying to everyone hes got brain cancer......called a neighbor a sand ni**er then nocked him out.....then later said the guy was a pussy cuz he wont look him in the face....(this is as the victum is walking by with his 3-4 year old daughter)....
I shoulda beat his ass just so he knew how it felt.
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