Destructive Roommate

[Rcalh352]

Hi, I'm from Pennsylvania and I'm very new to the world of laws and provisions and such. I have an issue that I want to go about the proper way of handling but I can't figure out how that is. In May I was asked by a friend to allow a 20 y/o male to come live with me because of circumstances that were family related. I felt bad being as I lived alone in a pretty large 2 bedroom apartment/house and I could use the extra income, so I let him move in. I asked my landlord whom I know personally and am decently close to if it was ok for me to let him live there and she agreed, however no papers were ever signed and he is not on my lease. Since he has moved in his room has been utterly disgusting with trash, food, cat urine, and barely a walkway. Our situation keeps getting worse and his cat has completely ruined the room he lives in with urine as well as multiple other things that I own. It's gotten to the point where I need him to leave. My question is how would I go about doing that? Does he need 30 days notice or papers served? I am more than willing to bring my landlord in on this and she'd be more than willing to sign papers and force him to go as well. I just need to know where to start. I would really appreciate any help/advise you can give me.

 

[Just Blue]

Hi, I'm from Pennsylvania and I'm very new to the world of laws and provisions and such. I have an issue that I want to go about the proper way of handling but I can't figure out how that is. In May I was asked by a friend to allow a 20 y/o male to come live with me because of circumstances that were family related. I felt bad being as I lived alone in a pretty large 2 bedroom apartment/house and I could use the extra income, so I let him move in. I asked my landlord whom I know personally and am decently close to if it was ok for me to let him live there and she agreed, however no papers were ever signed and he is not on my lease. Since he has moved in his room has been utterly disgusting with trash, food, cat urine, and barely a walkway. Our situation keeps getting worse and his cat has completely ruined the room he lives in with urine as well as multiple other things that I own. It's gotten to the point where I need him to leave. My question is how would I go about doing that? Does he need 30 days notice or papers served? I am more than willing to bring my landlord in on this and she'd be more than willing to sign papers and force him to go as well. I just need to know where to start. I would really appreciate any help/advise you can give me.

You must follow the LL/Tenant laws for your state.

https://www.hud.gov/states/pennsylvania/renting/tenantrights

 

[not2cleverRed]

In particular, he is your tenant, if he is paying rent to you and not on your lease with the landlord.

You will have to first serve him a Notice to Quit. This is a notice stating that you (the landlord) want him (the tenant) are giving him 15 days (because he's been there less than a year) due to his violations of your rental agreement (I'm pretty sure you can list "causing property damage" as a reason), to remedy the problem or move, after which you will state eviction proceedings.

The Notice to Quit has to be served to him. You can do this personally or post it on his bedroom door. I've read suggestions that you document this with a time stamped photo.

He may surprise you and try to clean up. More likely he won't. If he gets nasty, call the police. If he gets really nasty, call the police and ask how to get a protective order - by "really nasty" I mean things like physically attacking you, threatening to hurt you, punching holes in the walls, breaking windows...

However, if he is just a gentle slob, you're lucky in some ways. (I mean, a protective order gets him out immediately, but no one wants to be in fear of violence in their own home.)

If he doesn't clean up, and he's still there 15 days after being served the Notice to Quit, you then petition the court for eviction.

Once you get him out, document all the damage left in his wake, and sue him for the cost of repairs. (<-- Because of course he hasn't given you a security deposit, right?) I strongly suggest that you share the photos with this "friend" who foisted this ungrateful lout on you.

 

[FarmerJ]

Temporarily go to the post office and get your self a PO box to use as your return address so your mail is safer from being taken by him to steal your identity as well as to use as a return address should you have to use the courts to get him out since in theory he destroy things mailed to you that you would need proof of that are mailed related to getting him out.

 

[not2cleverRed]

https://forum.freeadvice.com/threads/money-owed-from-roommate-for-property-damage.657254/

Rebecca, in addition to the forum, FA also has articles: https://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/pennsylvania-evictions.htm

 

[Rcalh352]

I apologize for not knowing the rules on this thread. It is obviously not something I have done often and thought you posted questions as you go. I have discussed several things with my landlord about the damage done to her property and shown her what he has done. She said she would forgo using my security deposit to clean up his mess and the only thing he has to pay for is the damage he has done to my personal property. We have written up an eviction notice and a promissory note for the personal money he has already admitted to owing me. My landlord came to be with the idea of using the guest clause in my signed lease as a way to force him out sooner as he has never signed any paperwork with either of us. I wanted to know if that was possible because from what I've researched I could only give him the notice to quit and wait it out.

 

[quincy]

I apologize for not knowing the rules on this thread. It is obviously not something I have done often and thought you posted questions as you go. I have discussed several things with my landlord about the damage done to her property and shown her what he has done. She said she would forgo using my security deposit to clean up his mess and the only thing he has to pay for is the damage he has done to my personal property. We have written up an eviction notice and a promissory note for the personal money he has already admitted to owing me. My landlord came to be with the idea of using the guest clause in my signed lease as a way to force him out sooner as he has never signed any paperwork with either of us. I wanted to know if that was possible because from what I've researched I could only give him the notice to quit and wait it out.

Thank you for adding your question to this thread. All forums operate differently so there is no need to apologize for starting new threads. On this forum, though, we ask that all related questions be kept to a single thread. Having all information in one place helps us help you better.

I don’t think a “guest clause” will help you escape the need for the notice to quit required for the eviction of tenants. The clause would need to be read but I think you are best to follow the eviction law as detailed in the link provided you above.

 

[not2cleverRed]

I apologize for not knowing the rules on this thread. It is obviously not something I have done often and thought you posted questions as you go. I have discussed several things with my landlord about the damage done to her property and shown her what he has done. She said she would forgo using my security deposit to clean up his mess and the only thing he has to pay for is the damage he has done to my personal property. We have written up an eviction notice and a promissory note for the personal money he has already admitted to owing me. My landlord came to be with the idea of using the guest clause in my signed lease as a way to force him out sooner as he has never signed any paperwork with either of us. I wanted to know if that was possible because from what I've researched I could only give him the notice to quit and wait it out.

You don't charge guests rent.

The entitled brat is a tenant. Treat him as such.