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2012-09-13 12:36 PM

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Subject: Evicting a roommate
So I own my own house and I have some roommates that are good friends of mine living with me. We've all been living together for over a year now with no major conflicts happening until last night. Around 930 one of them got home and he was strung out on some drugs. I confronted him being the owner of the house and he kept denying it. Then eventually he told us that he had taken ecstasy but 5 minutes later he denied it then he said it was shrooms. Shortly he denied that also. He was trying to take off on his motorcycle cuz he wanted to go canyon riding by this time its 1030 at night. We hid his keys from him because we didn't want him to get hurt or hurt or even kill someone else. He would get some bad swings from just looking for them happily to being mad and throwing things in the house. Around 2am we gave up on Jim have him his keys and he took off in his truck we called the cops so that they would catch him and do something with him. Around half an hour later he showed up beating all the doors and windows as he was trying to get he eventually got in. He started getting aggressive with another roomate I got in between to defend my roomate and we started going at it. We called the cops and having the great sheriff department we have in my town they got there in about. 35 minutes. By that time it was just name calling and yelling and what not. By this time it's 4am Sheriffs step in and they says they can't technically do anything but have him stay at someone else's house if he agrees to it. Which thank God he did. They also told me if I want to evict him I have to go through the court system and that make take days. I wet this morning during the lady at the court then tells me I have to give him a ten day notice to move. If he doesn't move within those 10 days then I out a complaint in the court which then will take a week to process then a week later we have a hearing then the judge will decide on something. I don't want him living at my house anymore as I have a no drug rule or fighting within each other. Do you guys know of a faster way to get Him out? All help would be appreciated.


2012-09-13 12:49 PM
in reply to: #4409660

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Subject: RE: Evicting a roommate

Unfortunately as far as my experience goes, it is hard as heck to get someone out of your place if they won't leave on their own. 

I bet if you make it uncomfortable enough for him he will leave on his own. But I would get the paperwork ball rolling in the mean time. 

Good luck!

2012-09-13 1:34 PM
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Subject: RE: Evicting a roommate
Fast forward to about 8:20 of this clip from Friends
2012-09-13 1:45 PM
in reply to: #4409660

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Subject: RE: Evicting a roommate

I had a sketchy roommate that I wanted to get rid of.

I called my police officer friend after police from my city showed up at my door.

My policeman friend's advice? Lie.

He explained to me that landlord/tenant laws were so complicated, that if I made up a lie that scared him out, it'd be the quickest and easiest process to get him out.

I told him that the police called the homeowner (they didn't) and that she said he needed to be kicked out immediately for causing issues that led the police to our house (also not true). I then played nice guy and said she wanted him out by the end of the day, but I'd help him out and let him stay until the end of the week (total lies).

Guess what? I played nice guy - he up and moved out.

Maybe you could say the sheriff will show up at the end of the 10 day peiord to be sure he was out - and then offer him to get his stuff in line and help him move out before the police have to come remove him from the property.

Not the best course of action, but possibly the quickest. Good luck.

2012-09-13 1:47 PM
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Subject: RE: Evicting a roommate

jon16817 - 2012-09-13 1:36 PM So I own my own house and I have some roommates that are good friends of mine living with me. We've all been living together for over a year now with no major conflicts happening until last night. Around 930 one of them got home and he was strung out on some drugs. I confronted him being the owner of the house and he kept denying it. Then eventually he told us that he had taken ecstasy but 5 minutes later he denied it then he said it was shrooms. Shortly he denied that also. He was trying to take off on his motorcycle cuz he wanted to go canyon riding by this time its 1030 at night. We hid his keys from him because we didn't want him to get hurt or hurt or even kill someone else. He would get some bad swings from just looking for them happily to being mad and throwing things in the house. Around 2am we gave up on Jim have him his keys and he took off in his truck we called the cops so that they would catch him and do something with him. Around half an hour later he showed up beating all the doors and windows as he was trying to get he eventually got in. He started getting aggressive with another roomate I got in between to defend my roomate and we started going at it. We called the cops and having the great sheriff department we have in my town they got there in about. 35 minutes. By that time it was just name calling and yelling and what not. By this time it's 4am Sheriffs step in and they says they can't technically do anything but have him stay at someone else's house if he agrees to it. Which thank God he did. They also told me if I want to evict him I have to go through the court system and that make take days. I wet this morning during the lady at the court then tells me I have to give him a ten day notice to move. If he doesn't move within those 10 days then I out a complaint in the court which then will take a week to process then a week later we have a hearing then the judge will decide on something. I don't want him living at my house anymore as I have a no drug rule or fighting within each other. Do you guys know of a faster way to get Him out? All help would be appreciated.

If he's threatening you can you maybe get a temporary restraining order against him coming near you, like  you would a domestic violence situation?

Just trying to be creative here.  As a tenant, he has rights.  But actual criminal activity might cause him to lose some rights.  In that same line of thinking: if he DOES attempt to drive impaired again, do keep calling the police.  With luck you can at least get him in the pokey overnight.

2012-09-13 2:05 PM
in reply to: #4409882

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Subject: RE: Evicting a roommate
The drug use alone should be grounds for eviction. You can get the papers at the county courthouse, and there's usually a fee to file. Mine was about $75 or so when I had to evict some tenants a year or so ago.

The crap tenants had pretty much already moved out and abandoned my rental house, but there was a guy who processes evictions for a property management company who told me "Make sure you get that paperwork filed. If the tenant being evicted starts anything, that'll be the best $75 you ever spent."

I think it took something like 15 days for the judge to order the eviction, then 24 hours until I could start putting all their stuff on the curb.


2012-09-13 2:07 PM
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Subject: RE: Evicting a roommate
CitySky - 2012-09-13 1:47 PM

jon16817 - 2012-09-13 1:36 PM So I own my own house and I have some roommates that are good friends of mine living with me. We've all been living together for over a year now with no major conflicts happening until last night. Around 930 one of them got home and he was strung out on some drugs. I confronted him being the owner of the house and he kept denying it. Then eventually he told us that he had taken ecstasy but 5 minutes later he denied it then he said it was shrooms. Shortly he denied that also. He was trying to take off on his motorcycle cuz he wanted to go canyon riding by this time its 1030 at night. We hid his keys from him because we didn't want him to get hurt or hurt or even kill someone else. He would get some bad swings from just looking for them happily to being mad and throwing things in the house. Around 2am we gave up on Jim have him his keys and he took off in his truck we called the cops so that they would catch him and do something with him. Around half an hour later he showed up beating all the doors and windows as he was trying to get he eventually got in. He started getting aggressive with another roomate I got in between to defend my roomate and we started going at it. We called the cops and having the great sheriff department we have in my town they got there in about. 35 minutes. By that time it was just name calling and yelling and what not. By this time it's 4am Sheriffs step in and they says they can't technically do anything but have him stay at someone else's house if he agrees to it. Which thank God he did. They also told me if I want to evict him I have to go through the court system and that make take days. I wet this morning during the lady at the court then tells me I have to give him a ten day notice to move. If he doesn't move within those 10 days then I out a complaint in the court which then will take a week to process then a week later we have a hearing then the judge will decide on something. I don't want him living at my house anymore as I have a no drug rule or fighting within each other. Do you guys know of a faster way to get Him out? All help would be appreciated.

If he's threatening you can you maybe get a temporary restraining order against him coming near you, like  you would a domestic violence situation?

Just trying to be creative here.  As a tenant, he has rights.  But actual criminal activity might cause him to lose some rights.  In that same line of thinking: if he DOES attempt to drive impaired again, do keep calling the police.  With luck you can at least get him in the pokey overnight.

That's not being creative, that's exactly right.  Use his drug abuse and his physical violence.

Or.....just throw him the hell out and let him do all the legal work......9 out of 10 times it's just too much trouble on that end as well.

2012-09-13 2:09 PM
in reply to: #4409882

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Subject: RE: Evicting a roommate
CitySky - 2012-09-13 2:47 PM

If he's threatening you can you maybe get a temporary restraining order against him coming near you, like  you would a domestic violence situation?

I would look into this.

 

2012-09-13 2:12 PM
in reply to: #4409660

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Subject: RE: Evicting a roommate
In this situation, it all depends on what your state and local laws are. In Maryland, if a person has stayed at a place for 30 days or more, they have established residency at that property and are entitled to all the same rights as the homeowner. It can take 30 to 90 days to evict someone based on state laws. You need to file the eviction paperwork and have him served with it. After that, he must abide by the court order and if he fails to do so he can be criminally charged. If you feel for your safety, you can also go to the courthouse and obtain a Peace Order/Protective Order and there is usually a hearing within 48hrs of filing that paperwork and a judge can mandate that the person leave the residence at once and if they come back they can be charged on the spot and arrested. Like I said, it is more of a civil situation rather then criminal so the Police can not do much but advise you what to do. Every state is different so unfortunately, it looks like you will have to wait a short period of time until he leaves.
2012-09-13 2:12 PM
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Subject: RE: Evicting a roommate

 

If he is that in to drugs, chances are there are some at the house. You could just let him know that the police will be welcomed in with open arms any time they want.

Might cause him to move on his own if he knows you all are going to rat him out.

2012-09-13 2:16 PM
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Subject: RE: Evicting a roommate

1. Restraining order. Drug use and violence.

2. File the paperwork. Spend the money and get him out.

 



2012-09-13 2:16 PM
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Subject: RE: Evicting a roommate

seems like it would depend on if you have a formal lease agreement with him, on paper.  if you do, and it says no drugs and fighting i would think it's pretty cut and dry.  in that case i'd follow the proper procedures.

if it's just a friend that you're letting stay with you with no type of lease ageement, then it sounds like you're better off getting together with the other occupants and confronting him about leaving.  they type of dude that get's druged up and fights with his roomates proly isn't going to fight for his rights if there's no lease contract.  you really think he's going to call the police and say, "hey my roomates want to kick me out becuase i was druged up and started a fight with them, will you help me out so i can stay there"?  i doubt it. 

2012-09-13 2:21 PM
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Subject: RE: Evicting a roommate

Do you have an actual rental agreement/contract with these friends? If not, I'd just tell him to get the F out. 

If you do, well then it needs to be a little more legal than that. And that takes time. 

2012-09-13 2:29 PM
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Subject: RE: Evicting a roommate
Thanks guys ill go to the court and get it handled. There is no actual "lease" we grew up together and he needed a place asked me and it was all by word of mouth. But yeah im thinking of just throwing his stuff out. I also started the paperwork i have a eviction notice form i got offline im gonna give it to him and also thinking of just throwing everything out.
2012-09-13 3:24 PM
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Subject: RE: Evicting a roommate
If you suspect that there are drugs in the house call the police and ask if they could bring a dog in to search the house.   Don't go looking yourself.  If they find anything take appropriate action.  You may also need to consider new locks and some additional security depending on your location and how this situation develops. 
2012-09-13 3:53 PM
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Subject: RE: Evicting a roommate

 

Most states it doesn't matter if you have a signed agreement or not. If he has stayed there for a given amount of time (30 days) he has established residency and you have to go through the formal process of eviction.

So don't throw his stuff out. If you do he can come back at you for wrongful eviction and god forbid anything is broken or lost, you will be liable for it. Throwing his stuff out could really come back to bite you if he wants to be a tool about it. 

I like the drug dog idea, get him arrested and let him sit in the can rather than in your house.



2012-09-14 2:44 PM
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Subject: RE: Evicting a roommate
Aarondb4 - 2012-09-13 4:53 PM

 

Most states it doesn't matter if you have a signed agreement or not. If he has stayed there for a given amount of time (30 days) he has established residency and you have to go through the formal process of eviction.

So don't throw his stuff out. If you do he can come back at you for wrongful eviction and god forbid anything is broken or lost, you will be liable for it. Throwing his stuff out could really come back to bite you if he wants to be a tool about it. 

I like the drug dog idea, get him arrested and let him sit in the can rather than in your house.

 

I agree with not throwing his stuff out. You can be found civily liable for any loss or damage done to his property if you throw it out before he is properly evicted.

2012-09-14 2:56 PM
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Subject: RE: Evicting a roommate

jon16817 - 2012-09-13 2:29 PM Thanks guys ill go to the court and get it handled. There is no actual "lease" we grew up together and he needed a place asked me and it was all by word of mouth. But yeah im thinking of just throwing his stuff out. I also started the paperwork i have a eviction notice form i got offline im gonna give it to him and also thinking of just throwing everything out.

 

I haven't read the entire thread, but since there is no lease etc..  Can you just say this his behavior and drug use are unacceptable, please move out by the end of the month..?

2012-09-14 3:08 PM
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Subject: RE: Evicting a roommate
if he pays cash and has no lease...throw his crap out on the yard and change the locks...make sure homeowners is up-to-date.
2012-09-14 3:16 PM
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Subject: RE: Evicting a roommate
Aarondb4 - 2012-09-13 4:53 PM

 

Most states it doesn't matter if you have a signed agreement or not. If he has stayed there for a given amount of time (30 days) he has established residency and you have to go through the formal process of eviction.

So don't throw his stuff out. If you do he can come back at you for wrongful eviction and god forbid anything is broken or lost, you will be liable for it. Throwing his stuff out could really come back to bite you if he wants to be a tool about it. 

I like the drug dog idea, get him arrested and let him sit in the can rather than in your house.

I'd just be worried about the potential issues of the police finding drugs in MY house, even if they didn't belong to me.

2012-09-14 3:29 PM
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Subject: RE: Evicting a roommate

If the drug dog finds drugs, wouldn't the guy just say that some other house member planted them to get him in trouble? 

TW



2012-09-14 4:05 PM
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Subject: RE: Evicting a roommate

Have you talked to your roommate and told him that you want him out?  If not, that should be the first step. 

You only have give him notice and seek an eviction order if he refuses to leave. 

Just demand that he leave immediately.  If he does, problem solved.

If he refuses, then you have to resort to the whole legal process.

 

2012-09-14 4:23 PM
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Subject: RE: Evicting a roommate
Yeah I told him he needed to leave by the next day and he said no not until he got evicted. So i pretty  much gave him an eviction notice. Once he got it he was even more ticked saying "I cant believe your evicting me you were my best friend we grew up together blah blah blah" I told him he was on drugs and that was not acceptable you were causing problems when i told you to get out you got in my face im the homeowner your not therefore i trump you. so far hes still here he said he was leaving today. but he also told the cops thursday at like 4am he was gonna leave that day, so idk what day hell leave but the eviction notice has been placed. Im just thinkng of calling "La Migra" hes an Illegal Mexican lol    
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