About Sylvia Bergthold Expertise I can answer questions dealing with roommate situations including compatability, leases, placing roommate wanted ads, what you have to offer to a roommate, sharing of utilities and other services, interviewing techniques and questions, some legal aspects of housesharing, clearance information, etc.
Experience I have had roommates in my home for over 32 years and am the author of:
"SORRY, THE BOA HAS GOTTA GO!" A Roommate Survival Guide
Publications The Los Angeles Times, The HB-FV Independent, The Arizona Tribune, Lansing Michigan Rental Guide, Roommate Locator Newsletter, The Plain Dealer,, Las Vegas Sun, Apartment Lifestyles Magazine, Instyle Magazine, The Whiz.com, Cosmopolitan, Under 25, The Portsmouth Herald
First of all, I live in California. In December 2005, I made a mistake and allowed my boyfriend to move in with me. Ever since, he moved in, it's been a rollercoaster ride. He has been lying to me, he is manipulative and he has been controlling.
We broke up in September 2006. I asked him to move out, but he refused to do so. He said he will not move out easily that I would have to do it the legally and that’s to evict him out. He also said that he will stay at my place because he has plenty of time because the eviction process takes 6 months to a year.
My ex is not on the lease. His mail does not come to my apartment, it goes to his P.O. Box. While my ex was living with me, he did not pay me any rent.
Because he refuses to move out, I have hired an eviction attorney to assist me with eviction process. He's charging me $705.00 to evict my ex out of my apartment. I cannot afford my attorney‘s fee.
So far, I paid the attorney $85.00 for his time and to serve my ex a 30 day notice to vacate. My ex received the notice on October 6, 2006 and he had until November 7, 2006 to move out. As of to date, my ex has not moved out. He has not been living with me, but his things are still in my apartment. Basically, he’s coming and going as he pleases. However, the attorney said that I cannot change the locks to my apartment or move his things out because he could sue me for illegal eviction. Because my ex still has the keys to my apartment, I'm afraid that he might steal my things or worst, vandalize my apartment out of vengeance.
As I mentioned above, I cannot afford to pay the attorney’s fee and I need to know what else I can do to get my ex out of my apartment. Do I really need an attorney for my situation? If not, could you please advice me on what I can do to legally get my ex out of my apartment?
Thank you for your time.
Answer Hi Sandra
Why didn't you go to the landlord from the beginning? And explain the whole sorry mess to him? If your bf is NOT on the lease, you and the landlord had the authority to have him removed. GO to the landlord ASAP and see if he can help you.
In most leases, there is a clause against subletting which technically is what your bf is....even though he doesn't pay rent (which I cannot believe you allowed in the first place).
Does you boyfriend KNOW that with an eviction on his credit report he will not be able to find housing anywhere? Does he care? And no, it does not take a year to remove someone. He has manipulated you into thinking a bunch of garbage.
Go IMMEDIATELY to the Fair Housing Council in your city. Take a copy of the lease agreement with you. Explain your situation. Ask them if the eviction lawyer is being truthful and if that is your only option. And go heavy on being afraid your bf will be vandalizing your stuff and damaging the apartment. In fact when you talk to the landlord, make sure he understands this also.
To be honest, I think in your case I would have the landlord change out the locks when your bf is NOT around. And since he must be living someplace else because he is not there, it should not be a problem. In fact, you should document how many days and nights he is not there, just in case he sues you. It will prove you did NOT throw him out on the street, he already had a place he was staying.
After the locks have been changed, send a form to your bf titled: Notice to Former Tenant of Right to Reclaim Abandoned Personal Property. Make sure you read the directions and fill it out thoroughly. There is a date listed on the form that he can come to pick up his stuff. I would also call the police at the time he is there to remove his stuff to make sure that is all he removes and doesn't do any damage to the place or to you.
And then let the leech sue you. You certainly have plenty of proof that he lived rent free and since he didn't give you any checks for rent or get his mail there, he will have a hard time establishing tenancy. You will countersue to recoup ALL the money he should have been paying you for rent, utilities, food, paper goods, cleaning supplies, and everything else you paid for. The list should cover pages and pages if you do it right.
