justcause Posted March 31, 2008 Report Share Posted March 31, 2008 A friend of mine's wife decided she wanted a divorce and decided to post it on Myspace. So I decided to help out and allow him to move in to my spare room for $300 a month. He also brought along his 2 year old son. Which was only suppose to be a few days a week. Now the soon to be ex-wife wants nothing to do with the kid and my friend has him 24/7. First month or so went good got rent $150.00 every two weeks. Early February had to pay a 6 year old fine of $360 to get him out of jail. He has since paid me all but $10 of it. Then mid February he lost his job and decided not to get another job until a few weeks ago. Now during this time he has not paid rent. Now I feel its time for him to find somewhere else to live that is not my house. Here is the breakdown of what he owes me. $10 - left over from fine $75 - Feb rent $15 - Feb cable bill (He agreed to pay $15 a month for his DVR box) $300 - March rent $400 - Total. My question is, Since I did not have him sign any rent agreement, what is the legal way of evicting him out of my house? I figured I would tell him tonight that he has until Sunday to find a new place to live. Quote Link to comment Share on other sites More sharing options...
Putty Posted March 31, 2008 Report Share Posted March 31, 2008 Why don't you just say..."you owe me $400, pay or be gone by time I get home on */*/08..." Take no excuse...You may have to eat the $400, but you'll have your house back. He may realize if he has no place to go....he'll pay you the $400 and then try to get more living time from you. Quote Link to comment Share on other sites More sharing options...
KillJoy Posted March 31, 2008 Report Share Posted March 31, 2008 No paperwork = kick him out As for the $$$..... dunno.... KillJoy Quote Link to comment Share on other sites More sharing options...
LJ Posted March 31, 2008 Report Share Posted March 31, 2008 No paperwork = kick him out As for the $$$..... dunno.... KillJoy Wrong... If he is a key to the house you can ask him to leave, but if he refuses to you have to legally evict him. Quote Link to comment Share on other sites More sharing options...
jeffmeden Posted March 31, 2008 Report Share Posted March 31, 2008 Not that he sounds like the kind of guy who would do the smart thing and play the legal card, but there are implied obligations whenever you take money to allow someone to reside in a place you are responsible for. Not having any paperwork is worse, all he needs is an atm withdrawal slip and he could insist he paid you rent with it. The fact that he is cozy in your house doesn't help much in that argument. That being said, personally I would just lay it down that you can't afford to have him around if he's not paying rent, and he had best make haste in moving out. If he tries to drag his feet, give him a hard deadline, like 2 weeks, and remind him every day about it. The 400 dollars is a trivial sum, if you don't think he's good for it just forget about it and get rid of him. Quote Link to comment Share on other sites More sharing options...
99FLHRCI Posted March 31, 2008 Report Share Posted March 31, 2008 Wrong... If he is a key to the house you can ask him to leave, but if he refuses to you have to legally evict him. +1 I do not know all the specific language but there is a required written notice for someone that has established residence (clothing, etc. in the house). There are actual fines if you do not follow the law regarding notice and the required information in the notice. There are many sites that sell "eviction" kits and I am sure the information is available from a lawyer or the library. Quote Link to comment Share on other sites More sharing options...
Putty Posted March 31, 2008 Report Share Posted March 31, 2008 Wrong... If he is a key to the house you can ask him to leave, but if he refuses to you have to legally evict him. It's not the key...It's MAIL...Anyone can have a key to your place, but mail shows that he is a resident there, so standard eviction process is due....which is 30 days, so tell him pay me or be out by........ Quote Link to comment Share on other sites More sharing options...
KillJoy Posted March 31, 2008 Report Share Posted March 31, 2008 So.... does he receive his mail there then???? KillJoy PS - I would not piss someone off, who has acces to everything I own, and leave them alone in the house. BUT, that's just me..... Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted March 31, 2008 Report Share Posted March 31, 2008 Take him on talk show. That always seems to work.... J/k. The best thing to do if you value your friendship is to tell him you need your space and help him look for a new place. Tell him it's not working out and you want to stop it before money gets in the way of your friendship. Quote Link to comment Share on other sites More sharing options...
Kevin R. Posted March 31, 2008 Report Share Posted March 31, 2008 Throw his shit outside. Quote Link to comment Share on other sites More sharing options...
99FLHRCI Posted March 31, 2008 Report Share Posted March 31, 2008 http://www.fcmcclerk.com/faq/civil/evictions.php#5 Franklin County Clerk of Courts FAQ regarding Eviction Quote Link to comment Share on other sites More sharing options...
justcause Posted March 31, 2008 Author Report Share Posted March 31, 2008 I am going to talk to him tonight. I knew there was something about receiving mail that makes you a resident. I just couldn't remember the timeframe I had to give him to leave. Quote Link to comment Share on other sites More sharing options...
SamZman Posted March 31, 2008 Report Share Posted March 31, 2008 Well according to Judge Mathis you have to give him 30 days. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted March 31, 2008 Report Share Posted March 31, 2008 Well according to Judge Mathis you have to give him 30 days. Ha I can see it now... 'im giving you 30 days' 'thats not legal' 'yes it is bitch JUDGE MATHIS says so!' 'so you get your legal advice from a second rate daytime tv show' 'I sure as fuck do' Quote Link to comment Share on other sites More sharing options...
SamZman Posted March 31, 2008 Report Share Posted March 31, 2008 Ha I can see it now... 'im giving you 30 days' 'thats not legal' 'yes it is bitch JUDGE MATHIS says so!' 'so you get your legal advice from a second rate daytime tv show' 'I sure as fuck do' Well when I give legal advice it usually starts, "Well some guy on Columbus Racing posted..." But how can anyone talk bad about Judge Mathis?!.. Troubled kids: He was one. Gangs, jail. He was there. Second chances, he got one. Went to law school, became a lawyer then a judge. Now he gets to give second chances. In his courtroom the disputes are real; the cases are real. It's time for hard decisions and tough love. Justice that makes a difference. Thats what he's about! Quote Link to comment Share on other sites More sharing options...
Guest mrhobbz Posted March 31, 2008 Report Share Posted March 31, 2008 Well when I give legal advice it usually starts, "Well some guy on Columbus Racing posted..." But how can anyone talk bad about Judge Mathis?!.. Troubled kids: He was one. Gangs, jail. He was there. Second chances, he got one. Went to law school, became a lawyer then a judge. Now he gets to give second chances. In his courtroom the disputes are real; the cases are real. It's time for hard decisions and tough love. Justice that makes a difference. Thats what he's about! rofl ftw. Quote Link to comment Share on other sites More sharing options...
Science Abuse Posted March 31, 2008 Report Share Posted March 31, 2008 bitch dropped him and the kid, and he's taking care of the kid by himself? Quote Link to comment Share on other sites More sharing options...
Rhett Posted April 1, 2008 Report Share Posted April 1, 2008 I had the same problem a year or so ago. Told him he had 30 days to get out. He left on good terms and 6 months later called me and said he had my money. Hopefully it works out well for ya. Quote Link to comment Share on other sites More sharing options...
justcause Posted April 1, 2008 Author Report Share Posted April 1, 2008 bitch dropped him and the kid, and he's taking care of the kid by himself? Yes. I had the same problem a year or so ago. Told him he had 30 days to get out. He left on good terms and 6 months later called me and said he had my money. Hopefully it works out well for ya. I wish this is the case with this guy, however I've known him long enough to know that even if he left on good terms I would still not get the money he owes me. Quote Link to comment Share on other sites More sharing options...
justcause Posted April 1, 2008 Author Report Share Posted April 1, 2008 So yesterday I get home and find out he went and dropped off an apartment application. But here is the kicker.... His soon to be ex-wife was driving the Yaris that was in his name and he was driving the Kia that was in her name because he could not afford the car payments on the Yaris. Also the house they were living in, that was in her name, has now been foreclosed on by the bank. The repo man has now visited and taken the Yaris from the ex and he also made a stop by my house and picked up the Kia, because they both were not making the car payments. So my roommates credit has dropped to a 410. Yes a 410.... So I don't know of any apartment complex that is going to rent an apartment to him. He is currently borrowing his brother's truck until this weekend when he returns from vacation. Quote Link to comment Share on other sites More sharing options...
KillJoy Posted April 1, 2008 Report Share Posted April 1, 2008 I do not know how good of a friend you are, but DO NOT USE YOUR CREDIT TO HELP HIM! Sorry..... KillJoy Quote Link to comment Share on other sites More sharing options...
justcause Posted April 1, 2008 Author Report Share Posted April 1, 2008 I do not know how good of a friend you are, but DO NOT USE YOUR CREDIT TO HELP HIM! Sorry..... KillJoy He is on his own when it comes to that. I worked hard to get my credit back up to a respectible level. Quote Link to comment Share on other sites More sharing options...
Science Abuse Posted April 1, 2008 Report Share Posted April 1, 2008 I emplore you, please read everythign I have to say: I'm not quite sure how to impress upon all of you the gravity of the situation this guy is in, because before I became a dad, I had no clue either. This is the single most important (and likely devestating) thing that has ever happened to either of them. I don't know the guy, so I can't really go on about the content of his character. What I do know is that he has stones enough to man up and take car of his boy. I have a 2 year old AND mama is still here to help out, it is no small task. Some other things I know: -With great credentials and great references, it is still VERY hard to find a decent job. My brouther went without for two months, and it wasn't for lack of effort or exerience. If the Jobs aren't there, you can't get them. He could have just gone to McDonalds and gotten a job, but that would have made things worse. Makign that little money and having the kid, he would have had NO time to go find a decent job. He would have made the rent, but he would not be able to move out on that pay. -Again, I'm not sure how to convey to you the amount of stress and pressure on this guy. I recently had to consider being a single dad, I did the math, I thought it through, and words cannot express how releaved I was that mama came to her senses and decided to stay. It is a small child who is ENTIRELY dependant on you to survive. To lose his wife and his job in such close succesion, having the boy is probably all that kept him from killing himself. -Rent. This is one area that I may butt heads with you a bit. You argue that he owes you $400. Tell us, how many months did he live there and pay rent? That room isn't costing you any more per month, whether it's got him and his boy in there, or if it's empty. He's been saving you $300 per month. You can argue electric and water and all, but still, this man has not actually cost you anything. To pursue him for that money reflects very badly on you. It makes you look like you're not helping, it makes you look like you're just an impromptu Landlord, it makes you look like an opportunist. "Out of the kindness of my heart, I decided to let him save me $300/mo on my rent. But now he's not saving me that money, I'm barely breaking even, so he and his boy have to go." I have sympathy for this guy because he has been put into an incredibly bad situation because some selfish bitch decided that she didn't want to care about anyone anymore. You can justify what you're doing by trying to rationalize it; "He said he'd be out by... He owes me $, he agree to..... I want my spare room back..." and all that's all good and legal. But that the end of the day, you're still kicking a man and his toddler out on the street. Please, oh please, tell me what either of them have done to deserve that...? "Not my kid, not my responciblity". You're in a position to help, to really and truely be something great and positive their lives, and you're choosing not to. How you define "responcible" may be different than me. And before you say it, yeah, I would. If I had a spare room, and I didn't live 120mi away, I'd let him stay at my place at cost, or less.... as long as he took his shoes off before walking on the carpet. Please man, give the guy a break. I can't make you feel bad for not being Mother Teresa, I'm just trying to get you to look at this from some other angles. Ok, go ahead, start giving me shit. Quote Link to comment Share on other sites More sharing options...
Guest Melanie Posted April 1, 2008 Report Share Posted April 1, 2008 That is the most well written and valid posts i have ever read. Who is on vacation,the roommate or brother? Quote Link to comment Share on other sites More sharing options...
Supplicium Posted April 1, 2008 Report Share Posted April 1, 2008 So have you talked to him yet? Quote Link to comment Share on other sites More sharing options...
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