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Thread: Getting rid of a roommate who is on the lease?

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    Default Getting rid of a roommate who is on the lease?

    I have a super douchey roommate who was once our friend- we will call him "J". Since moving in we've all realized (me, my boyfriend, and our other roommate) that its time to get rid of him. He lets people smoke cigs in our apartment, despite getting reamed out once a week for it, he never cleans up after himself, he is balding all over the bathroom and never cleans it up, etc. One time he invited a sketchy french couple over to our house to do coke. Two people he JUST met over to do drugs? Not in my house.

    He also constantly has his cheap/poor/druggie friends over to camp out in our living room. Once, he let his 3 homeless friends sleep over at once. He didn't tell us he was having anyone over...and they ended up staying for a LONG WEEKEND! They eat our food and don't clean up after themselves. They are also theives. Once my credit card was stolen right out of my purse and used on the internet during one of these sleepovers. One of his friends that he is constantly having over (and LEAVING in our apartment with all of our things) is a drug addict who used to live with J. Their living arrangement ended when they were evicted- his drug addict friend was STEALING the rent money he was in charge of collecting. He had stolen 4 months of rent from his roommates.

    Oh- and he plays super loud action movies and techno music NON STOP in our old, not soundproof at all NY apartment? Not only does it annoy us, ALL of our neighbors have come to complain. Our super is just a really nice guy and hasn't said anything about it. He has also ruined my furniture by burning an enamel table with NO plans to pay me back. He called it an "accident".

    Ah- to end this novel, how do you get rid of someone who signed a lease? I know that if he ELECTED to move out he could either sublet or replace himself, but I talked to him the other day and he doesn't want to go.

    *Gosh, I'm ranting a lot lately *

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    Senior Member GentlemanX's Avatar
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    Default Re: Getting rid of a roommate who is on the lease?

    Not sure. You could move though. Or you could try explaining the situation to the landlord. Perhaps the landlord would let you, your bf and your other roommate move to a different apartment and kick the other guy out when he doesn't pay his rent, does drugs in the apartment or causes noise complaints. Since he has no trouble with you and you pay your rent on time, the landlord may want to keep his good tenants and be willing to work with you.

    Or maybe the landlord would evict the problem roommate (noise, drugs, etc, are cause) and let you fill the lease with someone else. If all of you threaten to leave then the landlord has an incentive to do this.

    I would reccomend talking to someone versed in NY law though. I assume apts are tough to get in NY and you probably don't want to risk being homeless yourself. Time to get pro-active and creative though.

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    Default Re: Getting rid of a roommate who is on the lease?

    Call the cops on him. Have your neighbors call the cops to file complaints. Call the cops on his friends. File every charge you can think of (that applies). Tell him that you can't allow illegal activity in your house. If you go above his head, to the landlord or property management company, and he's a problem tenant, they might have ideas on how to get him out.

    Obviously, there are some serious drawbacks to calling the cops on him. That's sucks though, I'd be really upset if my roommate did that kind of stuff.
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    Default Re: Getting rid of a roommate who is on the lease?

    What a douche. You all should definitely have a chat with him about his selfish and disrespectful behavior, and if he's still like, "Yeah, well, whatever I don't care," then it's time to get the landlord on his case about the cigs, his raping you all with loud noise, and whatever damage to the place the landlord wouldn't want. Not to mention the drugs... if he got caught at your place and the police found out you knew and didn't turn him in, you could get in trouble too.

    Get rid of this dumbass ASAP before he fucks you all over even more.

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    Default Re: Getting rid of a roommate who is on the lease?

    go to the court house and get an eviction notice. they will be able to help you and tell you if you can evict him or not.

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    Default Re: Getting rid of a roommate who is on the lease?

    Wow. Your situation reads like a book except that your your not outnumbered by the druggies in your apartment and yall are all on the same lease. I would have a talk with the landlord and talk about eviction. If that doesn't work then call the cops, it'll keep him away for a while if he gets locked up and he'll either shape up around yall so you don't keep busting him or get fed up and move out. The landlord probably isn't going to want the cops constantly arresting people at his complex either, so he'll probably be willing to evict then if he wasn't before.

    I wish I could do that...but we all share one apartment under separate leases and calling the cops on 3 volital people who live with me would be completely idiotic, so it could be worse.

    Remember to ALWAYS lock your bedroom door and don't set anything down, like a purse until you are in your room. It sucks to have to live like that, but better safe than sorry. Oh, and watch your prescriptions if you have any 'good' ones, it's a BITCH trying to get those prematurely refilled if stolen.

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    Default Re: Getting rid of a roommate who is on the lease?

    You cannot just walk out on your lease. It's a contract and they will hold you to it's provisions. Hopefully it is a month to month lease.

    Most leases have provisions in them about unlawful activities being used for eviction proceedings. Eviction can only be done by the lease holder. Co-leasers may have problems with that unless the lease specifically says, in lay terms, "your roommates reserve the right to kick your ass out."

    I think you are gonna have to get the police involved so there is a record of unlawful activities that can be used in an eviction proceeding. I would clue the land lord in on your plans though so it isn't all of you being kicked out.

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    Default Re: Getting rid of a roommate who is on the lease?

    You may want to get a copy of the lease and go through it with a fine tooth comb. You could also notify your landlord about the loud noise he is responsible for and then have the neighbors who are also affected by it submit a single letter of complaint signed by all of them. However, it's possible that you cannot evict just one without the entire lease being broken and subject you and your roomies to the consequences of that reality.

    I think your best solution would be to find a way for him to voluntarily decide to leave. You might consider offering to pay him to move out to help defer some of his costs. Don't be too eager to expose to the landlord his drug use or the landlord may decide it would be better if everyone was gone.

  9. #9
    OdysseusNJ
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    Default Re: Getting rid of a roommate who is on the lease?

    There's a chance your landlord is going to say something along the lines of "not my problem" and expect you guys to sort it out on your own. Getting involved would probably be both annoying for him/her and also legally tricky since asshole roommate has an equal claim on the residence since he's listed on the lease with you.

    My landlord wouldn't remove my ex-GF from the lease until he got a notarized letter from the ex-GF that said she no longer lived there and that the entire security deposit belonged to me. Luckily our breakup was relatively amicable or else I don't know what I would have done.

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    Default Re: Getting rid of a roommate who is on the lease?

    Be careful about calling the police... His drugs and illegal activites could become all of yours if things didn't come together properly....

    Kind of like if the police walked into a room you shared with your SO and found some coke... Well is it his, yours, or both or yours?

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    Default Re: Getting rid of a roommate who is on the lease?

    We are currently looking for other places to live, but its a big hassle in NY with broker fees and deposits and garuntors and the like. We LOVEEEEE where we live, but his ass is the problem.

    It sucks to have to go completely out of our way b/c he's such a dick, but I don't even feel safe with him here anymore.

    Last night, he had 5 guys over that had just gotten out of the army, and they were all fucked up on something pretty bad. They were like "Are there any fucking chicks in here?" and J goes "Yeah, theres one right next door, go say hi". (My boyfriend and other roommate are in Miami this weekend). So I'm in my room, door closed, in my undies on SW, and they barge in, jump in my bed, start tickling and harrassing me. WON'T LEAVE. J pops his head in and goes "Watch out, this one has a temper on her." They kept talking about how they'd totally fuck me if I "didn't have a boyfriend".

    Last night I didn't sleep b/c I was afraid of them coming back to our place and trying to come into my room, since they were all so fucked up and big. I literally moved a piece of furntiure against my door b/c I was convinced they could knock the door down.

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    Default Re: Getting rid of a roommate who is on the lease?

    ^^^ Dude. That's really scary. Your safety is at risk. Call the police on this guy right now! He's bringing illegal drugs and criminals into your apartment, and you have every right to have him kicked out but it's easier if the police are involved.

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    Default Re: Getting rid of a roommate who is on the lease?

    What the fuck, that's not okay. Put a lock on your door.
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    Default Re: Getting rid of a roommate who is on the lease?

    I unfortunately can't bring drugs into the equation...b/c I used to do coke all the time too. I just wised up 4 months ago and realized how stupid it was. He doesn't even do the shit, its the sketchy people he brings home. He's friends with two Kazhak strippers who are total sluts and fuck people for money...they do it all the time @ our place. His gf from NC ONLY comes up to have a "bender" weekend and do everything she can get her hands on. His theif druggie friend tried to have his DEALER come over...if I hadn't of been awake to shoot that down, he would have totally let a coke dealer in our house.

    I can't call the cops b/c I have a LOT of weed in my house. And yes, before anyone calls me a hypocrite, I think weed and coke are two VERY different issues.

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    Veteran Member tennisqt's Avatar
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    Default Re: Getting rid of a roommate who is on the lease?

    One of my friends managed to get her roommate kicked out of the apartment and he was no where near as bad as your roommate. My friend's roommate would sit in front of the TV all day, he would have his obnoxious friends over, eat her food, and just do annoying little things around the apartment that stressed my friend out. My friend had been living at the same apartment building for two years and was on good terms with the manager, so it really wasn't too hard to get rid of him. So I would recommend talking to your manager and telling him about all of his illegal dealings.
    "Maybe some women aren't meant to be tamed. Maybe they're supposed to run wild until they find someone, just as wild, to run with." -Sex and the City

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    Default Re: Getting rid of a roommate who is on the lease?

    Quote Originally Posted by Aubreyyy View Post
    I can't call the cops b/c I have a LOT of weed in my house. And yes, before anyone calls me a hypocrite, I think weed and coke are two VERY different issues.
    You shouldn't call the cops, anyway, under any circumstances. Never bring cops into a situation you do not completely control. It has the capacity to end very badly for you because it's their interpretation of events that counts.

    Your psycho roomie is also very likely to try to turn the tables on you in any ugly scene involving LE. You will become the one with druggie friends and it all goes downhill from there.

    Cluing in management can also backfire. They are not on your side -- they only care about the reliability of the tenants, and bad news about any one of them only elevates their level of concern. The only exception is if you happen to be close friends with management and can convince them that the problem lies with one individual.

    My advice, FWIW, is that you take your lease to an attorney for review and clue him in on your concerns about the illegal behavior of your roommate. This has two benefits -- s/he can evaluate the contract and determine the best strategy for getting rid of the problem roomie, and you are protected in your discussions by attorney-client privilege. You are under NO such protections with either the police or management, and in fact are at personal risk with both of them.

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    Veteran Member tennisqt's Avatar
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    Default Re: Getting rid of a roommate who is on the lease?

    If it's really that bad, which it sounds like it is, I would recommend getting a lawyer; I know it sounds extreme, but a lawyer could look over your contract and then decide the best course of action.
    "Maybe some women aren't meant to be tamed. Maybe they're supposed to run wild until they find someone, just as wild, to run with." -Sex and the City

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