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|08-20-2008, 03:40 AM||#11 (permalink)|
Bruins World Order
I have nothin to contribute except this. What he said , 2 posts up
|08-20-2008, 05:04 AM||#12 (permalink)|
Join Date: Oct 2006
before he tries to deal with legalities, try befriending and asking the landlord if he has equivalent, vacant room (of same rent) for him to move to, or strike a deal with a bigger/smaller room with more/less rent. This way they only have to change the room number on the contract and move next door. New lock, move your stuff, leave her stuff, talk with landlord beforehand that if she doesn't move her stuff elsewhere landlord can call the cops...
Or if that's not possible, move to a different apartment. It's easier to move your own stuff than her stuff IMO.
But go to a cop station and ask a cop what your friend can do to live separately.
|08-20-2008, 09:35 AM||#13 (permalink)|
Join Date: Oct 2006
First thing, she's not on the lease. Don't tell the landlord. She should have been added to the lease to make it legal. However, this is in your favor in this case.
Give her the boot! It doesn't get any easier! It's his property in his name and he has absolute say on who is allowed to enter. If she is not welcome to be there then she has no right to be there. The best thing he can do is call the cops and have them present when he gives her the boot. That way if anything goes wrong you have witnesses. Cops show up, "hey baby, get out!", she packs her **** and leaves. Cops are there, no arguments, no broken windows, no problem.
Send the cheating hobag packing!
|08-20-2008, 10:15 AM||#14 (permalink)|
I Am The Admin
Right, unless someone's going to get picky over the law (what is right, and what isn't...) Just play it as if HE has the upper hand.
As I said before, just say you need to have your stuff out of here by day X... Then act like you know what you're talking about... "MY name is one lease, not yours, and it's my butt on the line in regards to the contract..." So having him leave instead of her, while his name is on the contract doesn't sit well with me.
Just have him take the lead, act like he is in complete right, and is giving her time to get out and move her stuff.
|08-20-2008, 11:19 AM||#15 (permalink)|
Failing the above advice, its easier to move yourself than go through the legal process of moving someone else. Talk to the landlord about breaking the lease and moving. It will probably cost him his security deposit, maybe a little more, but it will be worth getting out of an ungly situation and will keep him off COPS. Seriously, half the material on that show starts this way...
|08-20-2008, 11:51 AM||#16 (permalink)|
Icognito Remiss Firebrand
She can be made to move.
If she ever paid your friend rent directly, it's a sublet with verbal agreement.
She should be served a notice to terminate, with 30 days notice (unless she stopped paying rent, then you could likely go 15days safely). 10 or less in some states if she does drugs, but thats another can of worms (like search warrant)
To remove her, assuming she doesn't want to go, you'd then have to file with the local DJ for eviction process. It would then be best to serve a notice to quit before that, most states you have to AFAIK.
dirty tricks include getting a PFA against her, so she HAS to move by court mandate.
Now, many people dont know much and telling them GTFO is enough, how many times have we seen some crazed chick dumping a guys clothes on the street?
but the fact is simple measures like changing locks and tossing clothes CAN get you some trouble. If she can be escorted out WITH all her stuff, all the better, that is if she's agreeing to leave......
You instantly get the annoying factor of a pissed off chick with the 'legal' way, she's got time to ruin your life anyway she can at your place (assuming she's inclined), and all matters of making life fun. She can still do this is moving, because usually you have 30 days to wait to get yourself out anyway.....
The options vary:
1) the GTFO, sometimes works with no ramifications, and results in a nice cold beer alone that night.
2) the talk and 'notice' (in writing), sometimes results in the GTFO, and life is good, and is the start of the 'legal' way. Takes 1 day to 4 months sometimes (eviction with appeals), and has alot of time for the world to suck)
3) the PFA, underhanded but truely equal in teh sexual karmic world, we will never be.
4) the GTFO now with simple measures. i would do this to someone who:
HAS a place to go
HASN'T paid rent
ISN"T their domicile (a chick you date a few weeks and she's camping out, and it went south)
RENT a storage unit, put all the stuff of hers in it
Give her keys to unit
Change locks to house.
You can't do 4 in most states without it being considered 'simple measures' under landlord tenant law, and it can cause you troubles.
So what it boils down to is charisma, if you can convince someone to go without treatening (of course), and if they are uneducated enough to know HOW to make your life miserable, you're golden with the 'talk'.
Otherwise the best course is the route of notice to term, hoping not to go all the way to a DJ for closure.
finally there is the apartment swap, if you are in a complex, you can arrange to move, landlord asks her if she wants a new lease for her new place (your old one), or gets a notice to quit in 30 days.....
The BAD news is, the landlord CAN hold you responsible (in some states), if she becomes a tenant in holdover, a camper without a lease that he is evicting. You have to make sure he TERMS your old lease and AGREES to deal with booting her. This process can be expensive, and most landlords aren't going to want to do that kind of favor, if the person at all is likely to 'know the game', and say FU for 2,3,4 months, and simply jet in the night one Thursday evening.
Welcome to Hell, it's a place I've known before.
I am not a lawyer, do not play one on TV, and regularly get tossed out in voir dires, so consider all the above possibly incorrect, especially since I do not live in your state.
Things Im looking for:R/C WW1 Planes
|08-20-2008, 01:09 PM||#17 (permalink)|
Moderating in Moderation
she's been loafing for 3 years and now gets a job - and he wants to kick her out???
yea she's been cheating on him so she's a skunt but let her earn her keep - pay rent or get out
or dope her up and pimp her out on ...
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|08-20-2008, 05:35 PM||#18 (permalink)|
Join Date: Oct 2006
EQUAL OPPORTUNITY EVICTION!!!
You guys are just trying to be nice because its a girl. What if it was a man? Lets say your friend was living with you and for whatever reason you are not friends anymore. Do the rules change? Do you still let him stay while you move out quietly? Do you still move all his crap to storage and toss him a key?
NO WAY! It's your place!
You are the KING!!!
|08-20-2008, 11:47 PM||#19 (permalink)|
Its a sport of honor.
Join Date: Jul 2006
Location: Bay Area
Its a civil action. If he wants her out, and she will not leave on her own, he needs to contact either an eviction service, or the San Diego County Sheriff's Civil Division to start the eviction process.
Deputy Sheriff/Death Investigator.
My day begins when yours ends.
|08-20-2008, 11:53 PM||#20 (permalink)|
Join Date: Oct 2006
Nevermind that if she only wanted attention she could've just broke up with the guy to find a new, more attending mate.
that's messed up.