My roommates will not move out after 60 days notice
Clarksville, TN · Member since 2015 · 10 posts · 4 votes
For the past 5 months I had a friend and her boyfriend move in while my husband was deployed. They have been on a month by month rent payment because if something came up, i could give them 30 days notice and have my extra room back. Back in March I found out my 2 nieces and 1 nephew where coming to see me for the summer, and i told them that I would need the room back In May. Then again in April I officially told them that I will need them out May 1st, so that is a 60 day notice. It is April 28 and they have not found a place to live, and i have three children coming down in less than 17 days, and i need to get into the spare bedroom to put a bed, dresser, etc. For children to use. Now my question is, what can i do? Is it legal to charge them day by day until they leave? I cannot afford a lawyer and she is my friend, but I need this room back, and I am not going to tell my sisters kids that they cannot come because they will not leave. Thank you for reading, any solutions are appreciated!
If they won't leave voluntarily you'll have to evict them. That will involve a lawyer and will take time. IDK the timeline in TN, but getting in done in 17 days here would be difficult. There's a process starts with a three day notice, then filing eviction after that, then getting a court date, then, if they're still there, doing a "set out" where you and your helpers, under supervision from a deputy, put their stuff out of the house.
Do you have a documented lease and documentation that you've given them notice?
Sorry, but you're going to have to start playing hardball. The friendship is over. You signed up for that possibility when they moved in and now its coming to pass.
If they won't leave voluntarily you'll have to evict them. That will involve a lawyer and will take time. IDK the timeline in TN, but getting in done in 17 days here would be difficult. There's a process starts with a three day notice, then filing eviction after that, then getting a court date, then, if they're still there, doing a "set out" where you and your helpers, under supervision from a deputy, put their stuff out of the house.
Do you have a documented lease and documentation that you've given them notice?
Sorry, but you're going to have to start playing hardball. The friendship is over. You signed up for that possibility when they moved in and now its coming to pass.
I agree. Friends would not put you in this position. You're going to have to tell them that if they aren't out May 1st, you're not going to accept any rent from them and you will file an eviction. Tell them you're really upset that they would put you in this position. They had 60 days to find somewhere else to go. And don't be swayed by crocodile tears. I suggest you take the angry approach - "How could you put me in this position? You had 60 days to find another place. Yes, you bet I'll file for eviction if you're not out. What kind of friend are you to put me in this position!"
Because you know what they'll do - whine like the immature babies they are.
I've had "friends" like this too many times in my life. They label you a "friend," then you're supposed to let them take advantage of you. Uh uh. No more of that nonsense!
thank you, I have thought about this however my husband and I do not have the funds to get a lawyer. I did ask if it is legal do a day by day payment? I don't want to accept full months rent because I read somewhere if I accept it then i am allowing them to stay for the month. I know they they are also on a tight budget, and telling them I am charging them day by day might light a fire under them. I am just at the point where I have no idea if that is legal or not.
If they won't leave voluntarily you'll have to evict them. That will involve a lawyer and will take time. IDK the timeline in TN, but getting in done in 17 days here would be difficult. There's a process starts with a three day notice, then filing eviction after that, then getting a court date, then, if they're still there, doing a "set out" where you and your helpers, under supervision from a deputy, put their stuff out of the house.
Do you have a documented lease and documentation that you've given them notice?
Sorry, but you're going to have to start playing hardball. The friendship is over. You signed up for that possibility when they moved in and now its coming to pass.
I agree. Friends would not put you in this position. You're going to have to tell them that if they aren't out May 1st, you're not going to accept any rent from them and you will file an eviction. Tell them you're really upset that they would put you in this position. They had 60 days to find somewhere else to go. And don't be swayed by crocodile tears. I suggest you take the angry approach - "How could you put me in this position? You had 60 days to find another place. Yes, you bet I'll file for eviction if you're not out. What kind of friend are you to put me in this position!"
Because you know what they'll do - whine like the immature babies they are.
I've had "friends" like this too many times in my life. They label you a "friend," then you're supposed to let them take advantage of you. Uh uh. No more of that nonsense!
Thank you! I am trying to stay positive throughout all of this, and I am trying not to be swayed. I am also in the position of I am younger then both of them (I am in my early 20's they are in their 30's) and I do not want to be taken advantage of.
@Jessalee Thompson I am no lawyer, or cop but thanks to social media and smart phone send a text and take a picture of it
Try to retro actively get them to admit you have given them a 60 day notice by texting " I told you two months ago in March 1 I need the room and again the beginning of this month why won't you guys go? ". Is it a job? I can help with that
Once you get them to admit it will really help. U. Screen shoot it and bam !
@Jessalee Thompson legally speaking these friends of your are now your tenants which means you will have to formally evict them if they won't leave. Are they refusing to leave or are they just having trouble at this point? Once your family members show up are they going to lock their bedroom door and not let anybody in? Are they going to come and go as usual and just ignore the fact that as your friends they are creating this great inconvenience?
I would have a conversation with them about this and see what their intentions are. You can't just charge them by the day. You legally have to give them formal notice that you are terminating their tenancy as if they were a tenant in an apartment house that you own. Again, in reality, this is a friend, and hopefully it won't come to this but while inconvenient it is necessary to go through the proper channels. You don't necessarily need an attorney but if you are not familiar with landlord/tenant law in your state you will have trouble navigating your way through the legal system.
Please report back to us and let us know how this problem progresses and if you get them out. Best of luck to you.
No, you do not want to start charging them day by day. That will restart the clock on the whole process. If anything, find the proper notice form that you would use to start the eviction process and give that to them. That might light a fire, as you say. Try googling for landlord tenant lawyers in your state. You might find one that has some forms online. Some will do a free initial consultation, so you could at least get an idea of the process, timeline, and cost. Here in CO its about $400 to hire an attorney to do an eviction.
Unfortunately, if they flat out refuse to leave you have no choice but to hire a lawyer. Or just let them stay. Your choice.
if there is a domestic violence issue with them ( u feel threatened) it might help in some way getting them out. document all your stress and aggravation and of course incidents. be safe!
other than that, allow the eviction timeline to take its course starting TODAY, documenting everything unlike u started off doing. GL
by the way alot of evictions are done PRO SE. the internet becomes u!
@Jessalee Thompson legally speaking these friends of your are now your tenants which means you will have to formally evict them if they won't leave. Are they refusing to leave or are they just having trouble at this point? Once your family members show up are they going to lock their bedroom door and not let anybody in? Are they going to come and go as usual and just ignore the fact that as your friends they are creating this great inconvenience?
I would have a conversation with them about this and see what their intentions are. You can't just charge them by the day. You legally have to give them formal notice that you are terminating their tenancy as if they were a tenant in an apartment house that you own. Again, in reality, this is a friend, and hopefully it won't come to this but while inconvenient it is necessary to go through the proper channels. You don't necessarily need an attorney but if you are not familiar with landlord/tenant law in your state you will have trouble navigating your way through the legal system.
Please report back to us and let us know how this problem progresses and if you get them out. Best of luck to you.
They are not out right refusing to leave, they are just taking more time then they should to leave. They just started actively looking for apartments yesterday, I will ask them tonight what they are planning to do when the children come, we have talked about all the things i need to get done, and how tight of a schedule i am on at the moment so I see it as they are taking advantage of me because after everything they are still lollygaging around.
@Jessalee Thompson I am no lawyer, or cop but thanks to social media and smart phone send a text and take a picture of it
Try to retro actively get them to admit you have given them a 60 day notice by texting " I told you two months ago in March 1 I need the room and again the beginning of this month why won't you guys go? ". Is it a job? I can help with that
Once you get them to admit it will really help. U. Screen shoot it and bam !
Thank you, I didn't even think to do that!
That's right - sorry Jon, the tag isn't working for me right now - but Jon is right that you don't want to take any rent from them at all, if you want to evict them. If you take money, it voids your eviction action, which means it keeps buying them more time before you can legally evict them.
And tell them they'll just have to get a hotel. They're in this pickle because of their own inaction. They need to be the ones to suffer for it, not you and your family.
I love the idea of calling JAG. Brilliant!
Do you have any written rental agreement? With a rental agreement, you don't need a lawyer to evict in TX. It's rather straightforward but it will cost $200-ish in court fees, even if they move before the court date. Many eviction courts have procedures. I'm sure you've tried your best to keep them moving so keep that going and if they stall, serve them their 3 day notice to vacate in their hand, document delivery and then see if that lights a fire under them. If not, you'll have to do the eviction process which is going to be longer than you'd like and you're going to have hostile people in your house until they move. Finesse is going to be your best ally so keep your cool and keep trying to reason with them.
@Jessalee Thompson I am super elated at the help you are getting and I will read the post comments after
Another thought that came to my mind is walk into your nearest precient where the cops are and ask for a step by step approach for eviction....
And you can curtail some legal expenses.... Just be extremely prudent on following the steps
Do you have any written rental agreement? With a rental agreement, you don't need a lawyer to evict in TX. It's rather straightforward but it will cost $200-ish in court fees, even if they move before the court date. Many eviction courts have procedures. I'm sure you've tried your best to keep them moving so keep that going and if they stall, serve them their 3 day notice to vacate in their hand, document delivery and then see if that lights a fire under them. If not, you'll have to do the eviction process which is going to be longer than you'd like and you're going to have hostile people in your house until they move. Finesse is going to be your best ally so keep your cool and keep trying to reason with them.
Saddly at the time i did not get a written agreement on our leasing agreement, but they are not disagreeing with it or saying it never happened, they are just dragging their feet getting it done, and i think they think i will not take legal action so i am going to talk to them tonight about our options and if they say they are not leaving by the first, then i am going to the JAG office on base. I am hopping we can get it solved before it comes down to it but it doesn't seem possible.
@Jessalee Thompson I am super elated at the help you are getting and I will read the post comments after
Another thought that came to my mind is walk into your nearest precient where the cops are and ask for a step by step approach for eviction....
And you can curtail some legal expenses.... Just be extremely prudent on following the steps
I am extremely happy with all the help i am getting also! I couldn't find anything just googling so this has been fantastic. I hope it does not come down to talking to cops but i will defiantly keep that in mind thanks!
I see it as more of a personal issue than a legal issue.
1) Do not accept any more money from them. It's the same as saying "I know I told you to leave, but since you're giving me some money, it's ok. You can stay."
2) Don't use their age (older than you) as a reason you can't tell them what to do in YOUR home! Treat this the same as you would if someone came to a party at your house and they got really stupid drunk and obnoxious. Tell them they have to leave!
3) Don't let "friendship" get in the way of you taking control of YOUR home. Friends come and go, but family is forever. Take control!
4) Don't feel guilty about making them leave. They are adults and can take care of themselves.
Sorry @Christopher Rodriguez but the police will not get involved in an eviction. Evictions are a civil matter. If there was a threat of violence, maybe. But evictions? Nope.
OK, maybe not outright saying "nope, we're not going". But they're not going. Passive aggressive behavior at its best.
STOP ASKING. Start telling. "You were given notice to be out by May 1. I expect you to be out of here before then. Otherwise you leave me no choice but to evict you."
Here's one page I found on the process. Unfortunately in TN its quite lengthy and you're probably looking at three months if they push you. You have to give 30 days (sheesh!!) notice that an eviction will happen. Then you can start the process. Getting a court date takes several weeks or a month. Then the tenant has 10 days to appeal. Then can file for a writ to get them out.
Is your husband active duty? Is your friends active duty? While I have never used JAG I have bee told they might be able to provide legal advise for free. If you friends military you can always use command. While that is a last resort it is a possibility.
@Jon Holdman police are a great resource to ask for direction.... Meaning which courts are responsible and who sends the order for them to act.
I did not mean to say they will immediately act because we ask for assistance I know there is a process to be followed but they are knowledgeable or know who could further assist.
don't accept any more money and if you have to offer to pay for 2 mights of a hotel when the kids get to town if they haven't found a place yet... than you can just lock them out when the kids get there and if theres any belongings left have them pack them up and move out to garage or under the porch or in storage to "make room for the kids stuff" and MAKE SURE YOU PAY BUT THEY CHEK INTO ROOM IN THERE OWN NAME... proof on paper they left and weren't forcibly kicked out illegally....
not legal adivice but its just something i would do and of course change the looks the moment there gone... if they come back and attempt to get in the house its trespassing so call the cops
Do not do a self help eviction like @Peter John K describes. Very, very bad idea. That will make a bad situation that much worse. Locking them out will look very bad if this ends up in court.
I see it as more of a personal issue than a legal issue.
1) Do not accept any more money from them. It's the same as saying "I know I told you to leave, but since you're giving me some money, it's ok. You can stay."
2) Don't use their age (older than you) as a reason you can't tell them what to do in YOUR home! Treat this the same as you would if someone came to a party at your house and they got really stupid drunk and obnoxious. Tell them they have to leave!
3) Don't let "friendship" get in the way of you taking control of YOUR home. Friends come and go, but family is forever. Take control!
4) Don't feel guilty about making them leave. They are adults and can take care of themselves.
this is what I feel too I don't want to make it a legal issue at all but I will if need b, I am trying to be pushed around this is my first time dealing with it so I am just learning what's wrong and right.
@Jon Holdman i just don't see why what i would do would be seen as an evection legal or not because they were friends who had a prior relationship with... and as she said earlier the lease is practically lost and there not trying to squat there just lazy.... so as a friendly friend i am if i have family coming in and i need my buddy out and i gave them notice but they are slackers.... i helped my buddy out and paid for 2 nights at the inn and helped them pack up so they have 2 full days to look at open apartments and pick a place to move into... the idea being that once they realize they need to check out by noon on the 3rd day I'm sure they will pick a place and do what they need to do... and if they can't they should have thought about it before they packed up and went to the motel temporarily to find a new place... and if they come back ill say hey i got a family I'm hosting so go down to the shelter or the church or wherever they want just not my place....
And that's why you need the advice of an attorney when dealing with tenants. You're viewing this as friends staying with friends. That's not the case. This is a tenant/landlord matter. Even without a written lease, this is still a landlord/tenant situation. If you "trick" them into leaving for a night, change the locks and put their stuff on the porch, you've just done an illegal eviction.