Roommate Eviction Proceedings

[mylife]

I'm in a hella awkward situation with my roommate.

Here's the jist of the situation: She's not under my apartment lease, but I subleased 1 room to her without the complex knowing. She signed a notarized lease through January. Recently we've started arguing about the thermostat. She wants it at 70* and I don't think it should dip below 76*. She says she's moving out at the end of htis month and "doesn't care about the lease."

Here are my grounds for evicting her:

September: Didn't pay rent until the 24th. Wrote 2 bad checks on the 7th and 14th. Lied about her car being "stolen" (it was repo'ed for non-payment)

October: Wrote a check for rent on the 7th, it bounced. Now it's the 11th and she hasn't made any effort to cure the situation.

Today I plan on giving her the required 3 day eviction notice. From what I've read, this means she has 3 days to cure the debt or else I can get a civil summons.

Here are some questions I have that you may be able to help me with:

How do I maintain proof that I gave her the 3 day eviction notice? ie receipt of copy
Should I hire a lawyer for this?
Do I have grounds for eviction and recovery of rent payment even though she's not on the apartment lease?

Thanks brolies and brolettes.

 

[The Shadow]

I'm in a hella awkward situation with my roommate.

Here's the jist of the situation: She's not under my apartment lease, but I subleased 1 room to her without the complex knowing. She signed a notarized lease through January. Recently we've started arguing about the thermostat. She wants it at 70* and I don't think it should dip below 76*. She says she's moving out at the end of htis month and "doesn't care about the lease."

Here are my grounds for evicting her:

September: Didn't pay rent until the 24th. Wrote 2 bad checks on the 7th and 14th. Lied about her car being "stolen" (it was repo'ed for non-payment)

October: Wrote a check for rent on the 7th, it bounced. Now it's the 11th and she hasn't made any effort to cure the situation.

Today I plan on giving her the required 3 day eviction notice. From what I've read, this means she has 3 days to cure the debt or else I can get a civil summons.

Here are some questions I have that you may be able to help me with:

How do I maintain proof that I gave her the 3 day eviction notice? ie receipt of copy
Should I hire a lawyer for this?
Do I have grounds for eviction and recovery of rent payment even though she's not on the apartment lease?

Thanks brolies and brolettes.

Have an authoriey deliver it in person or send with a signature required via USPS...I recommend the delivery in person route

If you know the law fairly well..you can do the letter on your own...if she wishes to go to court..get a lawyer...when she loses she can be responsible for his/her fees.

Depends on the details of the notarized lease.


HOWEVER - if you are in violation of a sub-lease policy - you might be beter off to let the situation slide

 

[Ozz2001]

The paper needs a notary stamp on it and signed..All laws are different in every state..Take note she can steal everything in your house and she wont go to jail because she lives there..You need to call or go to the county court house and get rents rights folder which explains the laws in your state so you know your doing it by law..If you have a lease and shes not on it legally then you can get the landlord to remove her..But you could also get heat if they dont like you over it..3 day evict is legal,if you had a verbal agreement and she has nothing in writing as a lease you can get her out fairly easy..Still check laws at your court house to help speed up the boot... GL

 

[PBR]

my only advice is this....dont do anything real expensive and think you will recoop any money from her, ie: Lawyer etc etc....she obviously does not have "a pot to piss in or a window to throw it out of".....

 

[redguru]

How much were the checks? They get over a certain dollar amount here in Florida it becomes a felony.

 

[redguru]

That way, you could get rid of her and she still gets a place to live.

 

[Hengst]

let her go....... get a new room mate and don't sign a friggin lease

 

[vansmack2000]

your fighting a lost cause,
ps. woman are the WORST for roommates

 

[chewyxrage]

Like others said you shouldn't expect to get ANY money out of her. Find the cheapest route and cut your losses....

 

[Lestat]

damn bro, you liekly will end up losing money doing this.

why do you want the thermostat at 76????

 

[mylife]

damn bro, you liekly will end up losing money doing this.

why do you want the thermostat at 76????

Because it's comfortable? What do you keep yours at? I don't think I've ever met anyone who needs it any colder than 75 degrees. 70* is damn cold, especially with tile floors.

Edit--- Plus it makes the electricity bill outrageous @ 70*. Before she moved in the power bill was never more than 110 and now it's $200+ on the regular.

 

[mylife]

How much were the checks? They get over a certain dollar amount here in Florida it becomes a felony.

The checks have ranged from 550-700.

I'm in FL also. Do you know the amount that becomes a felony?

 

[nycgirl]

Because it's comfortable? What do you keep yours at? I don't think I've ever met anyone who needs it any colder than 75 degrees. 70* is damn cold, especially with tile floors.

Edit--- Plus it makes the electricity bill outrageous @ 70*. Before she moved in the power bill was never more than 110 and now it's $200+ on the regular.

I agree with you. I keep mine at 75.

Oh, I know some people that like their thermostat below 70 all year long. And don't you dare touch it.

My ex kept it at 55 degrees. He claimed it was because he had French Canadian roots. I told him I have African roots, and I want the damn thermostat at 75. We settled at 65.

 

[lilpumper]

lol i keep mine at 70. One time i came home from the bar and adjusted my thermostat and woke up in the middle of the night thinking i was dieing, the temperature was at 75.

 

[Raptorex]

start smoking...
















Cigars.

 

[HumorMe]

lol i keep mine at 70. One time i came home from the bar and adjusted my thermostat and woke up in the middle of the night thinking i was dieing, the temperature was at 75.

lol....my family walks around in sweaters.

 

[redguru]

The checks have ranged from 550-700.

I'm in FL also. Do you know the amount that becomes a felony?

From http://www.lawdog.com/states/fl/checks.htm

In any prosecution or action of a worthless check, payment of the check by the debtor does not constitute a defense or ground for dismissal of the charges. (Section 832.05(5).) In a criminal prosecution, the maker of the worthless check may be subject to a misdemeanor charge if the violation involves a misdemeanor in the check amount is less than $150.00, or a felony if the check is in excess of that amount. (Section 832.05(4)(c).)

Check with your county State Attorney's office, they have a procedure of affidavits to fill out, where they'll get the money for you. If they still default they are charged with either a misdemeanor or a felony depending on amount.

 

[Razorguns]

70 for me.

Nothing is comfier to me, then wearing flannel pj's, grabbing 2 big blankies, and jumping into a comfy bed with fluffy pillows. Perhaps having a fireplace going. Yes i grew up in the northeast.

 

[chewyxrage]

Because it's comfortable? What do you keep yours at? I don't think I've ever met anyone who needs it any colder than 75 degrees. 70* is damn cold, especially with tile floors.

Edit--- Plus it makes the electricity bill outrageous @ 70*. Before she moved in the power bill was never more than 110 and now it's $200+ on the regular.

Why did your electric bill go up?


Here in my APT we have electric heat. It's going to be expensive as hell this winter....