roommate being destructive

#1 03-20-2004, 03:28 AM

What is the name of your state? TN

I own my home and have had a roommate living with me for a couple of months, he gave his notice the 29th of February at the same time I was giving him notice, now he is about to move and is doing destructive things to my home.

He has made a gauge in my kitchen floor, broke my clock and is purposely ruining the carpet. Of course he thinks these are all common areas and anyone could have done these things.

There is a lot more that he has done but I won't go into every detail. I know he is just being spiteful but this is my home.

Do I have to let him stay until the end of the month? I know he has another place that he is renting since the 15th of March.

Any help would be appreciated!!

Thanks

FarmerJ · #2 03-20-2004, 07:47 AM

Yes you have to allow him to stay out the end of the notice time . BUT since there is another place he has you can hope and pray he starts staying there ,

JETX · #3 03-20-2004, 07:48 AM

"Do I have to let him stay until the end of the month?"
*** You need to allow him to complete his paid lease term. If you can prove that he is damaging your property purposely, then you could consider his actions 'breach' and exercise a formal eviction. However, by TN law, that requires a 14 day written notice (Tenn. Code Ann. §§ 66-28-505) which will not be of benefit.
Finally, your only real option is to document the damage that he is liable for and to make deductions from any deposit and/or consider a lawsuit to recover any additional damages.

#4 03-20-2004, 11:31 PM

Well, he moved out today! Everything! However, he is keeping the keys and said he would come by and clean his room and fix the holes in the wall from hanging things.

Now that everything is out I really want to change the locks because I don't want him just coming in anytime he wants. I am also a little afraid of him.

Legally, can I change the locks before the 31st of March? He has paid me the rent for March.

Help!

Thanks again!

JETX · #5 03-21-2004, 11:08 AM

"Legally, can I change the locks before the 31st of March? He has paid me the rent for March."
*** He has the right of tenancy for the full period that his rent is paid. If you want to refund any 'unused rent', change the locks, pack his belongings (be VERY careful and document/photo EVERYTHING), and arrange for him to pick them up at a convenient time, you can change the locks. But he MAY still file a lawsuit against you if he wants (everyone has that right), but I doubt that a court would grant him a judgment against you if you do this VERY properly.