Roommates wont leave or pay

[calebdunn99]

After I had to kick out my first roommate that was approved by my landlord, I needed to resort to finding new roommates in order to save money. My current roommates who moved in February 1st are refusing to leave or pay anymore. They've caused noise complaints, property damage, and bring drugs into the home. They were told they must leave by March 30th due to the noise complaints they caused. My lease ends April 30th, but was mutually agreed upon by my landlord and I that I could leave end of March. I informed them march 5th they had to leave by the end of the month. The only reason I have been going over currently is to try getting the roommates to vacate. They are not attached to a lease, nor did my landlord allow them to live there or give permission to be there in the first place.

I am being told that I will not only lose my $2400 deposit, but will need to wait for them to be evicted. However long it takes I am told by my landlord that I will be responsible for paying any extra months despite me not living there anymore and despite the lease coming to and end. I agree I should lose my safety deposit, however, can I really be charged for all the months up until they are evicted especially if courts are closed and it takes months for anything to actually happen?

 

[Just Blue]

After I had to kick out my first roommate that was approved by my landlord, I needed to resort to finding new roommates in order to save money. My current roommates who moved in February 1st are refusing to leave or pay anymore. They've caused noise complaints, property damage, and bring drugs into the home. They were told they must leave by March 30th due to the noise complaints they caused. My lease ends April 30th, but was mutually agreed upon by my landlord and I that I could leave end of March. I informed them march 5th they had to leave by the end of the month. The only reason I have been going over currently is to try getting the roommates to vacate. They are not attached to a lease, nor did my landlord allow them to live there or give permission to be there in the first place.

I am being told that I will not only lose my $2400 deposit, but will need to wait for them to be evicted. However long it takes I am told by my landlord that I will be responsible for paying any extra months despite me not living there anymore and despite the lease coming to and end. I agree I should lose my safety deposit, however, can I really be charged for all the months up until they are evicted especially if courts are closed and it takes months for anything to actually happen?

What state?

 

[adjusterjack]

can I really be charged for all the months up until they are evicted especially if courts are closed and it takes months for anything to actually happen?

Yes, you absolutely can be charged for that time, and be successfully sued for it.

You're the tenant. Your roommates are your subtenants. You are 100% responsible for their performance, and rent, until they are out.

In fact, it's not even up to the owner to take them to court for eviction, it's up to you. However, when he gets tired of not getting any money (after your deposit is applied to rent) he is likely to file against all of you for eviction in court.

 

[calebdunn99]

Yes, you absolutely can be charged for that time, and be successfully sued for it.

You're the tenant. Your roommates are your subtenants. You are 100% responsible for their performance, and rent, until they are out.

In fact, it's not even up to the owner to take them to court for eviction, it's up to you. However, when he gets tired of not getting any money (after your deposit is applied to rent) he is likely to file against all of you for eviction in court.

Due to courts being closed though and possibly not being open for months, and who even knows a year at this point is more so what I am worried about. 2 months or so understandable. But if were talking a year due to courts being closed out of my control then is there any way to fight that? That's the bit I'm having a hard time understanding? Also from my understanding the only reason they could not be kicked out is because they hit a 2 month mark (March 5th), however, they were told prior to the 2 month mark that they must leave at the end of March. Would this have any impact? Also what about the damages and drugs they are bringing into the home?

 

[calebdunn99]

What state?

Illinois

 

[xylene]

Don't admit to your landlord that you forfeit your deposit.

Stop talking with your landlord, do everything by mail and keep records.

 

[STEPHAN]

Offer these guys money to move out. Give it only after they are fully out.

 

[adjusterjack]

Also from my understanding the only reason they could not be kicked out is because they hit a 2 month mark (March 5th),

Not true. They were your tenants from day one. You'd have the same problem no matter when you told them to leave. That's always the risk when you have roommates.

they were told prior to the 2 month mark that they must leave at the end of March. Would this have any impact?

No, you still have to take them to court to get them out.

what about the damages and drugs they are bringing into the home?

Same thing, court. Any monetary damages you suffer you can sue for. But since you apparently have low life deadbeats living there, good luck ever collecting. The best you can hope for is that the court orders them out and a sheriff puts them out if they still don't go.

Offer these guys money to move out. Give it only after they are fully out.

That ^ was going to be my next comment.

 

[calebdunn99]

How long would they need to vacate for if accepting cash to leave? Also, what if they come back after leaving? This was my original approach, but it was turned down because they rather freeload. I just dont want to give them cash to leave and then end up being in the same situation plus them having money I gave them

 

[adjusterjack]

If you go "cash for keys" you get the agreement in writing and you make sure they and every piece of their belongings are out on the truck and you get the keys in exchange for the money and you have a locksmith with you to immediately change the locks.

If they'd rather freeload, you have no choice but to give them proper written termination notice ("told them" doesn't cut it) and then evict.

See 562A.27(2):

https://www.legis.iowa.gov/docs/code/2019/562A.27.pdf