Can you kick out a roommate (not on lease) without notice ??

[whatisthis]

What is the name of your state (only U.S. law)? Mississippi

So my daughter is a senior in college and had a new roommate this year as her old roommate graduated last year and she is having issues to where we decided it's best to get rid of her roommate (if possible). My daughter is the only one on the lease and I had to co-sign due to her age/job status (student), so it's just our names.

Questions:
(1) can we kick her roommate out (or better yet, get the apartment complex) to kick her out so my daughter doesn't have to deal with it? or does anyone have a better suggestion?
(2) more importantly, is my daughter's safety, knowing she has a boyfriend there. can we by pass any of these 7 day / 30 day notices and tell her to leave now?
it'll create a bad situation kicking someone out and having to live with them for 30 days. Can we get her to leave now (hotel/motel/wherever) and tell her never to come back again until she finds another place, than she can come back as a one time occurrence only to move her belongings (which isn't much considering she doesn't even have dishes and has to use my daughters)


Won't bore with issues but (if you are interested) they include:
-roommate breaks into her locked room with a credit card and does God knows what
-roommate has a boyfriend who basically lives in their living room (every thing in the living room is owned by my daughter) and he's there when she's not home and just drinks 24x7 (he doesn't pay a dime for anything)
-roommate is constantly late paying rent/bills (not sure if she's missed any payments) but my daughter ends up paying to avoid late fees and has to chase her down for payment
-and there seems like there is much much more, but I sensed my daughter get emotional on the subject and I've heard enough to where we both decided she needs to leave

 

[Gail in Georgia]

Neither you nor your daughter has the right to "kick" anyone out. If management is aware that this roommate is residing there, she has rights even if her name is not on the lease. At best, she would be considered to have a "month to month tenancy".

If she's paying her share of the rent (even if your daughter has to "chase" her down for her share) then she has the right to live there. This doesn't mean she has the right to break into your daughters locked bedroom (I'm assuming that's what you mean, correct?).

What does the lease say in regards to having guests over? If the boyfriend is living there and is not allowed has your daughter reported this to management?

Your daughter can certainly ask the roommate to move out but again, as long as she is paying her share of the rent she has the right to live there. Keep in mind that, unfortunately, roommate situations rarely work out in many cases but, unfortunately, it's often difficult for a student to afford the rent alone.

Gail

 

[xylene]

What happened when your daughter reported the break-in to the police?

 

[FarmerJ]

Your daughter should change that locking door knob to a deadbolt or get someone to do it for her so that way there wont be any more butter knife burglary or use of a credit card to get it open. Second thing, at best if the roommate is not signed onto the lease then a sub tenancy was created if the roommate had been paying your daughter and not the landlord! SO the roommate if not on the lease now has a month to month tenancy and is legally entitled to be treated as a tenant, SO http://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippi#When%20can%20the%20landlord%20evict%20a%20tenant%20for%20reasons%20other%20than%20nonpayment%20of%20rent section III under lease termination IV. LEASE TERMINATION





If the tenancy is month to month, without a set ending date to the lease, either the landlord or tenant may terminate the lease by giving 30 days written notice. No reason is required for the termination. However, if there is a set ending date for the lease, the lease cannot be terminated before that date by either landlord or tenant except in case of a breach such as non-payment by the tenant or failure to repair by the landlord.
SO if the roommate is not on the lease then this appears to be a sub tenancy and that means your daughter can give the roommate a proper written notice to vacate and 30 days means just that , the notice can be mid month , SO your daughter would have to type a letter out to him and one to her, multiple copies too) that says her name , address ( let her use your mailing address for this ) and date , roommates name , address, this letter is your notice to vacate (address) by (date) signed and she should send it at least via certified mail to each of them and maybe two to three days later to do one notice to each via confirmed mail delivery while using your mailing address as her return address she might as well have all her mail forwarded to you or at the least to go get a post office box temporarily so they cant destroy any of her proofs , see if proper notice is sent and they each decide to refuse to sign for their mail it doesn't mean they can get away with it in a court room because those notices will be returned to her so she must keep them un opened , sealed in original envelopes because the post office would return them with stamped markings to show that they refuses to pick up their mail. Then your daughter would have to file with the courts asking for the courts to evict them based on being given notice to get out and refusing to leave. The courts would want proof notice was given, so if they refused the certified ones the judge can be given those still sealed in original envelopes and then see your postal receipts for the confirmed delivery ones and deny a claim of them not getting any notice to get out, the court should not have a problem issuing a a order that they be out by X date, the roommate and her BF should not be able to claim a hardship since theres no children in this situation and could be given as little as 24 hours to get out. I said all this because if the roommate is not listed on that lease or not a joint party to the lease then management of the building might not be interested in lifting a finger to assist her to get roommate or roommates BF out. If she cant afford the place by her self then I suggest you help her pay rent while she ask them to let her transfer to the first one bedroom or studio apartment that becomes available or you both ask them how much it will cost you to pay a penalty to have the lease terminated early in writing .

 

[defendmyself]

what are the odds if you kicked her out she will even sue you? It's not illegal unless she files a civil lawsuit against you and your daughter. Police tend to stay out of these issues but they might make a report on her behalf. My advice is free, it doesn't mean it's good.

 

[FarmerJ]

Defendmyself If you were my landlord and did that to me , I would start out by calling the police and making a report that you have illegally locked me out of my home. Then Id have no problem suing you and would more than likely win for the illegal lockout, refund of rent I never got to use, full refund of any deposit paid to you and if the state had a penalty to you for illegally locking me out then Id ask for that and I would not have a problem suing you for the value of my personal property . Then after all is said and done that lovely judgement against you is going to impact other aspects of your life for years to come, SOME, not all but some lenders for say things like cars will only grant you loans at high interest rates , and like it or not insurance companies still use credit information including judgment information when it comes to determining what your rates are for every thing from car, home, renters insurance , etc. Then to top it off many home mortgage lenders would see it in your credit history and could use that as a reason to refuse to write a loan until its paid off and you run the risk that a landlord might use the fact that you had to be sued and have a unpaid judgment out there by a former tenant as a reason to refuse to rent to you since this means to them they may have problems with you too. AND in some localities it is possible to renew judgments so they can end up staying on the books for 20 years interfering with credit. Last one never knows how far a tenant could take it and how much they could learn about the whole process even if they never get a dime out of you there is no hiding anything any more with the net, landlords , lenders, insurance companies , can all learn a lot about people now and digital records have this nasty habit of being duplicated and simply never go away. Look at how long abandoned things are still out there on the net.

 

[quincy]

defendmyself if you were my landlord and did that to me , i would start out by calling the police and making a report that you have illegally locked me out of my home. Then id have no problem suing you and would more than likely win for the illegal lockout, refund of rent i never got to use, full refund of any deposit paid to you and if the state had a penalty to you for illegally locking me out then id ask for that and i would not have a problem suing you for the value of my personal property . Then after all is said and done that lovely judgement against you is going to impact other aspects of your life for years to come, some, not all but some lenders for say things like cars will only grant you loans at high interest rates , and like it or not insurance companies still use credit information including judgment information when it comes to determining what your rates are for every thing from car, home, renters insurance , etc. Then to top it off many home mortgage lenders would see it in your credit history and could use that as a reason to refuse to write a loan until its paid off and you run the risk that a landlord might use the fact that you had to be sued and have a unpaid judgment out there by a former tenant as a reason to refuse to rent to you since this means to them they may have problems with you too. And in some localities it is possible to renew judgments so they can end up staying on the books for 20 years interfering with credit. Last one never knows how far a tenant could take it and how much they could learn about the whole process even if they never get a dime out of you there is no hiding anything any more with the net, landlords , lenders, insurance companies , can all learn a lot about people now and digital records have this nasty habit of being duplicated and simply never go away. Look at how long abandoned things are still out there on the net.

^^^^
LIKE!!!

A really nice post, FarmerJ.

 

[defendmyself]

Defendmyself If you were my landlord and did that to me , I would start out by calling the police and making a report that you have illegally locked me out of my home. Then Id have no problem suing you and would more than likely win for the illegal lockout, refund of rent I never got to use, full refund of any deposit paid to you and if the state had a penalty to you for illegally locking me out then Id ask for that and I would not have a problem suing you for the value of my personal property . Then after all is said and done that lovely judgement against you is going to impact other aspects of your life for years to come, SOME, not all but some lenders for say things like cars will only grant you loans at high interest rates , and like it or not insurance companies still use credit information including judgment information when it comes to determining what your rates are for every thing from car, home, renters insurance , etc. Then to top it off many home mortgage lenders would see it in your credit history and could use that as a reason to refuse to write a loan until its paid off and you run the risk that a landlord might use the fact that you had to be sued and have a unpaid judgment out there by a former tenant as a reason to refuse to rent to you since this means to them they may have problems with you too. AND in some localities it is possible to renew judgments so they can end up staying on the books for 20 years interfering with credit. Last one never knows how far a tenant could take it and how much they could learn about the whole process even if they never get a dime out of you there is no hiding anything any more with the net, landlords , lenders, insurance companies , can all learn a lot about people now and digital records have this nasty habit of being duplicated and simply never go away. Look at how long abandoned things are still out there on the net.

The op doesn't want to wait the 30 days and suffer. I offered her an alternate risk. I am not your landlord and I did not do that to you, but many roomies are not smart enough to know their rights. The op, well she gambled with the roomate when she allowed her to move in. It did not work out. I would suffer the 30 days and do it legally as to avoid 20 years of potential judgments against her but the op is already aware of the legal method to evict. She is going to have to suffer it out.