I need legal advice ASAP regarding renter's rights (I need to kick a renter out)

Got a response to my text retracting my 2 weeks offer, saying "It's not healthy for you to be this spiteful. But yeah no problem I'm leaving ASAP". Fingers crossed he means that. Still getting locks for my door. I also (with some difficulty, I'll admit), refrained from responding "Cool story, bro" or "It's not healthy for you to push my limits" and instead responded with a "Thanks".

Good move on your response. Whatever you want to say to him in a chance encounter AFTER he's out is up to you, but no good can come of stirring the pot before that day. You might also want to get the landlord's permission to replace the outside locks.

I know in the lease agreement I signed it states that all persons residing in/on the property for greater than thirty days must be added to the lease. If I had rented out a room without the landlords knowledge I would receive no help from the landlord in removing the problem renter and could face some repercussions myself for violating my lease agreement. You should take a look at your lease agreement and read it carefully to see if that was included. If it is not included you should be able to get help from your landlord.

I'm in NJ so it's hard for me to understand why he's not out already, but whatever.

Is it possible for your boyfriend to come and stay at your house till he's gone? I would also set up a webcam in your room so you could monitor the place.

Let me do the math for you.

wise ass + "not healthy" threat = baseball bat + knees

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Originally Posted by Andybill

I know in the lease agreement I signed it states that all persons residing in/on the property for greater than thirty days must be added to the lease. If I had rented out a room without the landlords knowledge I would receive no help from the landlord in removing the problem renter and could face some repercussions myself for violating my lease agreement. You should take a look at your lease agreement and read it carefully to see if that was included. If it is not included you should be able to get help from your landlord.

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My relationship with my landlord is pretty informal, and I don't suspect I'll have any issues getting help from them if I need it. I was friends with the landlord's daughter, who lived in the house before I moved in. The landlord has been informed, and even been welcomed to meet the new tenants as they've moved in/moved out, but they've never come over to meet them, just acknowledged that somebody new is in the house.

Meeting with the landlord tonight to discuss the issues, so that they are aware, and to reassure them that there will be no issue getting rent to them, as I'm prepared to pick up the extra cost myself.

Before you talk to your landlord, I would suggest reviewing your lease. Most leases require that all tenants be listed on the lease. Now, you have two tenants who have established residency in a property without the owners knowledge or consent.
In order for a property owner to rent out a property, it has to be listed and insured as a type of commercial property. When a tenant signs a lease, the lease should state whether the property is to be used as a residence or for business. If you signed a lease for a residential rental property, then technically, you have been making money from someone else's property without authorization. Depending on your state laws, and the terms of your lease, you, unfortunately, could possibly be held in breach of contract and held liable.
On the subject of eviction. I used to own a rental property. In the two instances that I had to have tenants evicted, I had to go to court, the eviction had to be court ordered, and the eviction notices were delivered by the sheriffs department, and then they had 30 days to vacate the property. In one of those cases, the tenants basically lived in my house for 5 months without paying rent, while my case went through the courts.
Hopefully, for your sake, your roommates will leave without much trouble, and you have an understanding landlord...

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Either way you go, whether you want to evict him or your landlord, either one of you will have to go to small claims and get an eviction notice to legally evict him since he has taken up residency. That is if your laws are anything like Oklahoma. Being an officer I get calls like this EVERY day and trust me, I want to kick the knuckleheads out on the street but legally you can't. Be prepared, evictions can sometimes take a while.

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Originally Posted by Vypyrz

Before you talk to your landlord, I would suggest reviewing your lease. Most leases require that all tenants be listed on the lease. Now, you have two tenants who have established residency in a property without the owners knowledge or consent.

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Please read my post just before yours. Both tenants are in the property both with he landlord's knoweldge and consent, they have just not met them in person. My lease does not state that additional tenants must be added to a lease, and it was agreed upon when I first signed the lease that it would be 6 months with my name and my now ex-boyfriend's name on the lease, and once 6 months are up, it would convert to a month-to-month. (Landlords are aware that the ex is no longer a resident, has moved out, and I am the sole name on the lease, and it is month-to-month as I've been here nearly a year)

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In order for a property owner to rent out a property, it has to be listed and insured as a type of commercial property. When a tenant signs a lease, the lease should state whether the property is to be used as a residence or for business. If you signed a lease for a residential rental property, then technically, you have been making money from someone else's property without authorization.

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The lease/rental agreement is less formal than it probably should have been, as it is a private home, owned by the landlord, but the issue is not with the landlord and myself, it is between myself (given permission my landlord to rent out the individual rooms as I please, so long as their rules are followed regarding the propery - no drugs, for example). In WA, rental agreements can be both on a physical paper or verbally, as I've learned from other references posted previously. I've not 1) charged a deposit of any form nor 2) made any profit off of renting the rooms. The toal amount of rent owed each month is $750, which is divided evenly among all rooms, collected by me on the 4th of each month, and delivered to the landlord on the 5th of each month. The Landlord then provides me a receipt, which provides proof that any money given to me has been given directly to the landlord for rent.

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Depending on your state laws, and the terms of your lease, you, unfortunately, could possibly be held in breach of contract and held liable.

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Please see above.

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On the subject of eviction. I used to own a rental property. In the two instances that I had to have tenants evicted, I had to go to court, the eviction had to be court ordered, and the eviction notices were delivered by the sheriffs department, and then they had 30 days to vacate the property. In one of those cases, the tenants basically lived in my house for 5 months without paying rent, while my case went through the courts.
Hopefully, for your sake, your roommates will leave without much trouble, and you have an understanding landlord...

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My biggest concern is that because I am not the property owner, and have entered into a verbal agreement with the other tenant, that I wont have any real authority to ask him to leave. I've provided him a notice to end our agreement, with more time than is required by law in WA, and now I am approaching my landlord for assistance in the event it becomes more of an issue than it already has. If necessary, I'd like them to step in and request he leaves, so that there is no question that the actual landlord is requesting this, and he is less likely to retaliate like a child.

Oh boy, good luck with everything. I own rental properties and hate that more often than not the law looks out for the scumbags and not the property owner paying property taxes to the city!

Yikes! Good luck, hopefully he just leaves quietly and doesn't put up a fight.