Complicated renter issue...

[VTmom]

Vermont.

When my husband and I met, he owned his own home and had couple of room mates; friends of his that needed a place to stay and could not afford first/last+ security for an apartment, since he had extra bedrooms, he let them move in, they pay rent month-to-month. They have never had any written contract and my husband did not ask them to pay a security deposit. All the furniture, dishes, even the towels in the home are my husband's. Two of the room mates are using my husband's bedroom furniture.

When he and I married, he moved into my home. At that point a third friend needed a place to stay and asked my husband if he could move in, and my agreed on the same month-to-month that the original two room mates had.

All of the utilities, etc for this home are in my husband's name. He is at the house daily as he runs a small business from that residence. The room mates split the cost of some of the utilities (electric, heat, cable/internet) and my husband pays others (water, trash).

An issue has come up with this third room mate and my husband is wondering how to remove him from the home. The questions that have come up are:

- Are these room mates considered boarders or renters, or does that make a difference legally?

- What kind of notice does my husband have to give to remove a room mate?

- The room mate in question is asking my husband about his "renter's rebate" does this even apply in this situation?

Thank you in advance...

 

[ecmst12]

The safest/easiest course of action is to give the tenant proper written notice to move, which in most states is 30 days, but he will have to look up his state statutes for the exact requirements in his state. Of course, he should already have done this, since no one should become a landlord without learning the legal rights and duties that he is taking on. But anyway, with luck the tenant will move out before the notice expires and all will be well. If he does not, your husband will have to file for eviction in court, and it would be a good idea for him to have a lawyer help him.

 

[Andy0192]

As far as the Renter's rebate - has your husband been providing his tenants with this information previously? It appears to be a requirement in Vt.

What is the Renter Rebate?
The Renter Rebate is a tax credit. You must have a low enough income to get the credit. You must have paid rent in Vermont for all 12 months of the tax year. You must have been a legal resident of Vermont for the whole tax year. You can't be somebody else's dependent. Only one member of the household can claim the credit.

Does Your Landlord Refuse to Give You a Landlord's Certificate? Or is the Information on the Landlord's Certificate Wrong?
You can file the Landlord's Certificate yourself. You must fill out the Landlord's Certificate: form LC-142. The Vermont Tax Department doesn't have this form online. You have to call the Vermont Tax Department for the form. Their toll-free telephone number is (866) 828-2865. Ask them to mail you a blank Landlord's Certificate form.

all from: Renter Rebate

Hope that helps.

 

[Banned_Princess]

Vermont.


An issue has come up with this third room mate and my husband is wondering how to remove him from the home. The questions that have come up are:

- Are these room mates considered boarders or renters, or does that make a difference legally?

They are your tenants.

- What kind of notice does my husband have to give to remove a room mate?

A proper one, then sue in court for his removal. See below.

- The room mate in question is asking my husband about his "renter's rebate" does this even apply in this situation?

Absolutely it appears to, so your husband better learn his responsibilities as a landlord.




http://www.cvoeo.org/downloads/housing/RENTINGinVERMONT.pdf

If a landlord wants to evict a tenant, he or she must first give the tenant an eviction notice (also known as a notice to vacate or a notice to quit).

Proper notice must be written, give the reason for the eviction, include the termination date, and be properly furnished to the tenant a specific period of time in advance.

The amount of advance notice the tenant receives depends on the reason for the eviction.

If the tenant hasn’t moved by the termination date, the landlord must sue the tenant in court to get him or her out. It ordinarily takes at least two months from the start of the eviction to get a judge’s order saying the tenant has to leave, and it can take much longer.


http://www.cvoeo.org/downloads/housing/RENTINGinVERMONT.pdf

 

[Banned_Princess]

Termination of Tenancy If Renting In the Landlord’s Home


If the tenant rents one or more rooms in the landlord’s personal residence that includes the shared use of any of the common living spaces, such as the living room, kitchen or bathroom, then either party may terminate the tenancy by giving written notice of at least 15 days if rent is payable monthly, and at least seven days if rent is payable weekly. At this point it is not clear what effect this law will have in situations where there is a written lease that does not allow for early termination, or that has a different time frame for termination.


http://www.cvoeo.org/downloads/housing/RENTINGinVERMONT.pdf


Just because I am feeling generous today : )

 

[ecmst12]

Oh and they are definitely tenants, not boarders or even roommates - your husband does not LIVE at the property.

 

[Banned_Princess]

Oh and they are definitely tenants, not boarders or even roommates - your husband does not LIVE at the property.

Ahaa. yes, there is the technicality.


The whole property is a rental property, your husband doesn't live there. so depending on the reason, you need to use one of a variety of notice periods.



OP I suggest you at very least read the whole LL Tenant handbook I cited, and if possible, consult with a lawyer.