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About to kill my roommate


gen3flygirl

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Awesome. I just got home from work and found a note asking if I could feed the puppies sometime between 7:30-8 because he is closing at work (he is a server). Luckily I didn't get home at more normal 930ish. I am going to talk with the off campus student services that OSU offers. My parents are already in one lawsuit(again another really long story completely unrelated to this ) I don't think they want to start another one.

Has he been there long enough to have established residency? It was a temporary thing and he has renenged on that. Consult a laywer, of course, but DON'T wait too long. If he has not establish residency then ask him to move out, gie him a set date/time, get it in writing that he is moving out and when, and get ready to change the lock and set his crap outside on moving day if he's not gone yet.

What is required to establish residency? I am quitting my full time job at the end of the month so I will have plenty of free time to get all of his shit out.

http://www.rentlaw.com/eviction/oheviction.htm

You really need to at least consult with an attorney if you want to force him out because tenants have rights. The lack of a written lease simply makes him a month-to-month tenant under an oral agreement (IB: is that how he pays the rent?). Like it or not, he is a legal tenant and your eviction of him must be lawful or else he can sue you for damages.

He does pay month to month. It is and has always been in cash and its not always on time.

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Awesome. I just got home from work and found a note asking if I could feed the puppies sometime between 7:30-8 because he is closing at work (he is a server). Luckily I didn't get home at more normal 930ish. I am going to talk with the off campus student services that OSU offers. My parents are already in one lawsuit(again another really long story completely unrelated to this ) I don't think they want to start another one.

What is required to establish residency? I am quitting my full time job at the end of the month so I will have plenty of free time to get all of his shit out.

He does pay month to month. It is and has always been in cash and its not always on time.

The fact that he has been there for several months and paying rent is probably enough to classify him an a month-to-month tenant. You can start eviction proceedings if he is late on rent. Or with a month-to-month you should be able to evict him with enough notice (2 months?) without needing a reason. You need a lawyer to tell you that. As you already live there the physical eviction should be easier becuase you're not going to need to get an FE&D to have the sheriff "forcibly enter" (the FE in FE&D) and physically remove him. Hopefully all you woud dneed would be a civil standby (where the cop just comes and hangs around in case someone kicks off, but takes no active part in the proceedings if everyone remains civilized) If you have a legal eviction and you request a civil standby while you move his stuff out then hopefully the officer can step in an enforce the order if the guy wants to be a prick.

Again, a lawyer consult is mandatory because if you mess this up you could owe him damages. (ie if you just have some burly friends kick his ass out then he could sue for the cost of hotels, extra cost of having to rent a more expensive place, storage of property, loss of property, lost wages while dealing with the unlawful eviction... etc)

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I think we're throwing around the term "residency" without heeding the full legal definition. I won't pretend to know the full definition off-hand, but there are definite factors that would help you prove his permanent address is NOT your dwelling.

- what address is on his drivers' license? (my bet is he hasn't changed it since he moved in. this is required within 30-90 days, I believe)

- where is he registered to vote? (again, something he should have taken care of if he was trying to claim your place as his permanent address)

- where do his school bills go?

- where are his tax returns (you said he works) sent?

if the answer is mommy and daddy's house, then you're in better shape.

based on the fact that he's paying month-to-month, you are probably required to give him 1 month's notice before kicking him out. But don't expect him to know that.

Being kicked out is different than being evicted. Eviction can take YEARS. Don't go that route.

Clearly he needs to be confronted about this. how you do it is up to you. I think it's chicken-shit to write an email or a letter, but you do need to put things IN WRITING.

i would explain the high points to him verbally, then hand him a letter explaining what needs to happen, in every detail. Ask him to sign a copy to acknowledge that he's received it.

I would tell him that you're just covering your ass. Blame your mom, blame the dogs; whatever. If you can kill him with kindness, while still kicking him out, then great.

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give the puppies to Ringo

funny thing is I think he is the reason that ringo joined the site. He is friends with him and goes riding with him every now and then.

I over herd him talking on the phone and I guess one of the puppies died. I would like to say that I am shocked but knowing how he wasn't taking care of them I am shocked more haven't died. My mom sent the eviction notice to her lawyer to make sure all the i's were doted and t's are crossed so he still hasn't been notified. I am hoping she gets it back on monday so I can proceed with getting his ass out.l

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  • 3 weeks later...

*update*

Last thursday I was finally able to post a " move the fuck out or you will be evicted letter". My mom had her lawyer draft it up so that if we did need to take legal action in the future all our i's were dotted and t's were crossed. The letter gave him 3 days to comply. He got the puppies out but not his stuff so last night he got a " letter one was serious we will evict you if you don't move out" letter. Letter number 2 stated that he had until the 15th to get out or we would evict him then go after him for any back rent, damages caused by the puppies, and any legal fees associated. He has started moving everything out :)

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