I should add, unless you live in California, notices don't take effect in the middle of the month. The 30 day you gave him on the 15th, doesn't take effect until June 1st, so legally that notice doesn't require him to move until June 30th, unless of course you take action on the delinquent rent.
Actually, only a landlord has the legal authority to evict. Does your lease/rental agreement even ALLOW him to be there and does the landlord know?
you were supposed to give him a copy of the agreement you had with him. Not having a copy might win their case and not yours in a court of law. How much time did your agreement say you would give him notice to leave? If it didn't say then again the judge will call you out on having an improper contract. It makes no difference whatsoever if the landlord is your good friend or not. How long was your agreement for, and what reason for asking him to leave did you give him. Your agreement could have said there was a late fee if he was late so you needn't have pushed him to the limits. If he gave you part rent then you should ahve figured how many days he could stay on what he gave you. You didn't tell us how much the rent was so how do you expect us to make that determination???? It matters not if the guy works 3-4 hours a day or what he does at night, that is none of your business. What is your business is that he pays his rent.
Something sounds wrong with the way you're dealing with this. And you haven't told us everything. Seems you have some other, maybe personal, reason for asking him to leave. It was imperative that you were to give him a copy of the agreement from the start but you didn't so he has rights too. Why not give him a copy now? this could not be called an "eviction" and you two should have been in agreement. An eviction is only if someone is on a "lease" by a "landlord" and neither is the case for him.
You gave him 30days notice to end his tenancy. That means he needs to be out by the 15th of the month.
The failure to pay rent is a difference issue. He does NOT have to leave early because he didn't pay rent. If you want him out for failure to pay rent, you have to evict him. You give him a notice or quit agreement (typically 3 days but it varies by state). if he does not pay rent by the end of this period, then you go to court and file eviction proceedings. Then you wait for the court date and for the eviction judgement to be recorded against him. This will include how long he has to get his items out (5-7 days typically). Finally after that, you can do a sheriff lock out, if he has not left.
- obviously, the 14th of the June is long past this point.
Your best option is to allow him to stay for the remainder of the month. If he eventually pays you great, if he doesn't, you are never going to see the money. If he is still there on the June 16th and still delinquent for May rent, you start the legal process then.
- unless you want to pay court filing fees and such now, in case he is not out by the 16th.
You'll see arguments over whether you're legally subleasing and who can "evict" the guy all day long, but at the end of the day unless someone is willing to take the guy to court to do it, what you need to exercise is some good social engineering skills.
Divide the full amount of rent he was supposed to pay for the month by the number of days in the month, then divide the amount he has paid by that number. Give him a printed chart of the math and when his days of paid rent run out. Then say in order to stay past that day he needs to pay you in full for the rest of the month or leave.
Start cleaning up the house around him. Find a friend he doesn't know who can do a convincing job of acting like a prospective tenant to come "show the apartment" to when he's there (but awake, tell him you need him to let you show his room). Let him know you're serious about needing someone new to come in... I say a friend instead of a real prospective tenant because obviously you don't want to show your place in that condition to someone for realsies.
It's all about the head game now. Get your game face on, and go to town!
In a sublease situation YOU are his landlord and have the authority to evict. You must also follow your state landlord/ tenant law.
Partial payment is not paid. Give him a 72 hr notice for nonpayment on the balance of the rent. He then has 3 days to pay the balance due or move out.
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This is in follow up to my other question.
So I gave a 30 day notice to my roommate who is not on the lease (only rental agreement - that he does not even have a copy of). I am the only one on the lease, and the landlord is my good friend (lives one floor down).
I gave him the notice on the day the rent was due, because I knew he didn't have the rent again... so he had a huge argument with me and tried all kind of excuses, then he went to the ATM and gave me $500 just to give me something from the rent because it was due that night. I told him he better pay the rest the next day.
That was on the 15th of May. He had told me he would be moving out by the 19th and that he found a place. So I told him, the sooner you move out, the more money I give you back. Today the 23rd, I ask him how the packing is going and he tells me that my letter said he has until the 15th of June, so I reminded him that he hasn't paid the full rent yet and that (legally - i think?) he shouldn't be allowed to stay till the 15th.
He told me he didn't have time to pack yet (just his room) everything in the apartment is mine.... meanwhile all he does is sleep and watch movies all day... he works about 3 to 4 hours a day and goes out every night and gets drunk!
Please help me get rid of him. I need to find a loophole and use legal terms and scare him out! He won't even let me search for another roommate yet because he is always home laying on his bed and the house is a mess.
Thank you
