How to Evict "Tenant" who is NOT on Lease....

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Latest post 12-01-2011 11:36 AM by jpa. 10 replies.
  • 12-01-2011 9:13 AM

    • jpa
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    How to Evict "Tenant" who is NOT on Lease....

    My step-daughter rented a two-bedroom apartment with her boyfriend in July 2011.  Unfortunately, that relationship did not last and the boyfriend moved out in September 2011.

    The two of them did NOT modify their lease and are still the listed tenants.

    Because she could not pay the rent all on her own, my step-daughter searched for someone to share the expenses with her.  After a few weeks, the room was "rented" to someone she met on her after-hours sports team.  She enjoyed the person's company and thought they would get along well.

    The new roommate moved into the apartment November 1, 2011.  My step-daughter did not charge the new roomate rent for the first month but they agreed to split expenses beginning in December.  Within a week, the new roommate's boyfriend also began living in the apartment.

    On November 28, 2011, my step-daughter left a note for the new roommate requesting her 1/2 of the rent, as well as 1/2 of the electric and cable.  On November 30, 2011, the new roommate sent my step-daughter a text message saying she would not have the money in time and would give her "some of it" on Saturday (12/3). 

    My step-daughter now realizes her mistake in judgment and would like the girl and her boyfriend to move out, preferably after she gets at least some of the money they owe. 

    What is the quickest, and best, means to have these two move out??  We do not believe the two will argue with us, as parents, if we go to the apartment and advise them they need to move - is that a viable option?

    Can the management company be contacted to force the move??  If so, how would that affect the lease since these two are probably should not be there at all (we do not want my step-daughter to have to move).

    Thank you!

  • 12-01-2011 9:32 AM In reply to

    Re: How to Evict "Tenant" who is NOT on Lease....

    jpa:
    What is the quickest, and best, means to have these two move out?? 

    Well, the good news is roommate has not paid.  Daughter needs to put in writing immediately what is known as a 3 day pay or quit notice.  She gives the girl a written 3 day notice that she has not paid rent, the amount that is owed, and if the FULL amount is not received by 12/4/2011 then eviction proceedings will be started.

    DO NOT accept partial payments as that resets the clock and partially "cures" the breach of not paying.   It is ALL or nothing.

    The next good news is that daughter did not sign a sub lease with this deadbeat and her leech and that makes her a month to month tenant.  At the same time daughter gives her one month written notice she is terminating the agreement and that she has to be out.  Make sure it includes DATES.

    jpa:
    My step-daughter now realizes her mistake in judgment and would like the girl and her boyfriend to move out, preferably after she gets at least some of the money they owe. 

    Now the bad news:  getting some or all of the money is going to be a long shot.  Worst case scenario is this deadbeat knows the system and has not paid before.  Best case is she gets some money.  Either way she can sue the woman in small claims court for the amount owed that is unpaid after she gets her out.  She can include court costs and attorney fees if she has to formally evict as well as interest at that point if she wins the case.  Collecting that money is a whole different matter.

    jpa:
    Can the management company be contacted to force the move?? 

    They have no responsibility for this.  In the future if she wants a roommate she should get ex-bf to be removed from the lease and have any future roommates apply to the management company as an individual tenant.  That way if they don't pass the credit and background check they don't get in.  Plus, they are legally on the lease and responsible as she is now.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-01-2011 9:40 AM In reply to

    • M Read
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    Re: How to Evict "Tenant" who is NOT on Lease....

    I'd like to suggest that she include "all unnamed occupants" on the line with the  roommate when she lists the room-mates name. That way the boyfrend and anyone else she might move in during that time also has to go.

  • 12-01-2011 10:00 AM In reply to

    • jpa
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    Re: How to Evict "Tenant" who is NOT on Lease....

    Thank you - I believe the 3-day notice is a great solution and I agee with you.  I will pass this information to her.

  • 12-01-2011 10:01 AM In reply to

    • jpa
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    Re: How to Evict "Tenant" who is NOT on Lease....

    "I'd like to suggest that she include "all unnamed occupants" on the line with the roommate"

     

        Great idea!!

  • 12-01-2011 10:01 AM In reply to

    • Drew
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    Re: How to Evict "Tenant" who is NOT on Lease....

    Suggestions from retired LL elsewhere:

    This is NOT the owners problem to solve.

    I seriously doubt it falls under VA's L-T law which addresses multipe unit situations.

    Roommate situations can get very state law specifiic and I simply do NOT know the details for VA. But I do know in some states a person not entitled to exclusive use of a full dwelling unit is NOT a tenant by law --tiny details can matter a lot!  So the issues to boot a guest  even a paying guest who shares a dwelling unit with you can be far different than the lengthy due process required to exit a true "tenant"  The probem is to "lock out" a true tenant can bring big problems .  Now exactly what is  roommate's status in VA?  Key to where to go next?

    BTW, I suspect ex BF remains liable on the lease?

    Extreme jawbone power may be the best tool ?



  • 12-01-2011 10:08 AM In reply to

    Re: How to Evict "Tenant" who is NOT on Lease....

    Drew:
    I seriously doubt it falls under VA's L-T law which addresses multipe unit situations.

    You are seriously wrong on this one.  I used to live in VA and one brings in a roommate even as a sublease they are a tenant.  Clearly by what Mom posted the daughter intended to engage in a LL/Tenant situation by charging rent and utlities.  

    Drew:
    But I do know in some states a person not entitled to exclusive use of a full dwelling unit is NOT a tenant by law --tiny details can matter a lot!

    NOTHING in the post indicates that there is restricted access and the BIG details is that the daughter intended for this person to be a long time occupant in the beginning NOT a short term invited guest.

    Drew:
     So the issues to boot a guest  even a paying guest who shares a dwelling unit with you can be far different than the lengthy due process required to exit a true "tenant"

    Get this wrong and it will be VERY costly for the daughter.  They are MUCH better off following LL/Tenant law and booting her legally than to get slapped with an illegal lockout or eviction per your advice.

    Drew:
    Extreme jawbone power may be the best tool ?

    I am guessing this is one of your euphamisms for the parents showing up and attempting to force the roommate to pay and go.  If this is a professional deadbeat it won't work.  Legal means WILL and have teeth.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-01-2011 10:52 AM In reply to

    • Drew
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    Re: How to Evict "Tenant" who is NOT on Lease....

    Again the devil is in the details of state law--not my opinion or that of others .

    A person who pays no rent is excluded from the definition of tenant in VA in VLTRA ?

    A roomer may be a tenant IF VLTRA applies --but its not clear if VLRTA applies

    In my state--but perhaps not VA--dwelling unit by definition or code may well require SEPARATE exclusive use kitchen and bath --and a roomer situation falls into a different body of PA law akin to hotel law which is pretty close to no pay no stay no notice ...--but I'm not in VA! .



  • 12-01-2011 11:08 AM In reply to

    Re: How to Evict "Tenant" who is NOT on Lease....

    Giving someone a pass on a first month's rent/making it "free" doesn't mean the person isn't a tenant under the law (never mind that even if the agreement was no rent ever this person could make up any story she liked, and say she handed your daughter $300 a month cash or whatever).

     Your daughter is this person's landlord.

  • 12-01-2011 11:19 AM In reply to

    Re: How to Evict "Tenant" who is NOT on Lease....

    Drew:
    A person who pays no rent is excluded from the definition of tenant in VA in VLTRA ?

    No, and especially not in these circumstances. The roommate violated the terms of her tenancy.  PERIOD.

    What establishes tenancy is how long they stayed there, did they get mail, moving in the BF clearly established she was more than a guest, and intention of both parties.  The VA LL/Tenant laws apply.  Both parties clearly indented to establish a tenancy relationship.

    Drew:
    A roomer may be a tenant IF VLTRA applies --but its not clear if VLRTA applies

    It does apply.  It is VERY clear.  

    Drew:
    --but I'm not in VA!

    There in lies the problem.  You are applying PA law to another state and it doesn't work.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-01-2011 11:36 AM In reply to

    • jpa
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    • VA
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    Re: How to Evict "Tenant" who is NOT on Lease....

    Thanks to everyone.  I have passed on the suggested actions to my step-daughter and told her that we are here if she needs help.  She is an intelligent, independent young lady (just not always a good judge of friends), so I have no doubt she will take the right action as recommended and straighten this out.

     

    Thanks again!!

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