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Hey guys & gals, I usually don't post much up here (but I'm constantly reading what everyone has to say), but lately I've been going through drama with my room-mate and I REALLY need advice. So we've been arguing for the past month and its getting to the point where I'm about to beat him up, but I know thats what he wants me to do so he can press charges. My question is this; can I legally just put all his stuff outside of the apartment door and change the locks? His name isn't on the lease at all, and although he has paid for August rent, his dog has damaged several parts of the apartment that he has no intention of paying, he is threatening to steal his bedroom furnitue, which I have paid for and he has only paid me $100 on, but his dog also ate my charger for my laptop and it cost $85 for me to get a new one, and he leaves all the lights on in the apartment saying "i hope the electric bill isn't too high cuz i ain't paying for none of it.." I'm about 5 seconds from beating the sh*t out of this guy but I'd rather be civilized about it all. PLEASE any information that could help me, I haven't called the police yet because my phone is cut off because he hasnt given me money for last month's electric, internet, etc. Thanks...

Darryl
 
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Best bet, call the cops, however your can, if you have to use a payphone or borrow the neighbors phone do it. Have him escorted off the property, and get a restraining order. If his name isnt on the lease, than you have no legal obligation to let him reside there.
 

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Is calling the cops really going to work? Aren't they going to think this is just silly.. I mean I feel bad; I live in a high-crime part of houston and i'd rather not have them waste time with this when they can be arresting gang-bangers. I'd rather just throw his stuff out and if he calls the cops, for them to tell him that there is nothing they can do... that's basically what im trying to see if I can do.
 
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If your name is on the lease, and his isnt, then they can make him leave. And they can be there while he removes any of his belongings.
 

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Okay I'll be trusting you on this because I'm packing all his stuff tomorrow and putting it on the front porch. Then changing the locks. I just want to make sure this is legal....
 
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Im telling you, involve the cops, so you have it on record saying that you kicked him out. So ihe cant try to come back, or say you kept any of his property.
 

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Give him like 2-3 days to get his stuff out... make him get his dog out immediately. You should be civil to him even if he isnt being civil to you. If you just throw this guy out and call the cops on him - I sure hope you can park your car IN THE APARTMENT cuz odds are he's going to vandalize it.

I say make him get his dog out immediately, put it in a kennel until he can get his own place or something, then give him 3-4 days to get his stuff out and tell him that if he doesn't clear out by then, you're going to get the police involved. As his name is NOT on the lease, he is tresspassing in your home.

Get new locks installed on the 3rd day and help him get the rest of his stuff out. Make sure this is done over a weekend so you can be there the whole time so he doesnt steal your stuff in the process.

Wow man, good luck with getting this resolved and I pray he is more civilizied than you describe, if he isnt, your car will most likely pay the price.

-Ax:eek:hsnap:
 

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:police: PM Mordekyle....hes a 5 0h that lives in the 8th community and ask him some questions that u need answered with this situation.b
 

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Discussion Starter #11
I'm not worried too much about my cars because I know he doesn't have the guts to do anything to it. Okay, he has turned my 2 other best friends against me in this situation, and I know for a fact that when he moves out (which he was supposed to this past Tuesday) where they are going to live. I also have a lot of dirt on him at his job (he's stealing money by "zero-ing" out customers that pay cash)... Do you think it would be grimey of me to report him? He also threatened to call the cops on me last week when he planted marijuana into my bong (which i havent used in 2 months), but he went to the gym and I quickly got rid of all of my smoking utensils. I am ready for this dude to leave seriously because someone might end up getting hurt and im 6'1 285# and he's 5'9 150#.. so you know it wont be me!
 

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yo i dont know if getting cops involved really helps. i was watching one of those tv civil court shows lol and the same exact thing happened. i remember the judge saying that the cops had nothing to do with it. look up the laws that have to do with renting out an apartment. if its your place, look up the laws, give him notice, and dump his ****. if your name is on the lease and hes just renting, ask your landlord what the deal is. if you dont do it right, he can end up ditching you with all these charges on your name for damages. i moved outta my apartment with 3 holes punched in my wall and no bills paid for the last month, all because my lil ***** roomate didnt know the laws and my name wasnt anywhere on the lease.
 

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I agree with Axian. Give him a VERY short notice. Without him on the lease, he's not welcome. But I do believe some states have laws against kicking people out without 30 days notice, regardless of if he's signed the lease.

In this case though, the sooner you get him out, the better. I hope you have a garage to park your car, in case his keys decide to get too close to it.
 

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MordeKyle said:
getting the cops involved will do absolutly nothing. it is completely a civic matter and not criminal at all. if he wasnt paying rent you would have to give him one months notice of eviction. you cannot move his stuff out! you will get in trouble.

talk to a lawyer, many will give youa free consultation.
hahaha i knew it. and thats the reason cops cant do sh*t about this, its civic not criminal. look up your laws man, you will be able to get him outta your life soon.
 

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I would say that you need to wait until the end of august to kick him out, simply because if you end up going to court he could counter-sue you for the rent money from august since you charged him and then wouldn't let him stay in the apt for the entire month.
While waiting for the end of the month talk to an attorney about how to file a suit in small claims court for whatever damage the dog may have done. Make sure that you have pictures of everything that the dog destroyed, that will be key. I understand that you have already replaced your laptop charger which probably means that you don't have the original, so just keep the receipt showing that you did indeed buy another one. Also, I would give him the difference in what he payed on the furniture and how much the charger costs just to make sure that it's known that you tried to even that out.
If he insists on getting out of there with the furniture then add that on to your small claims case.

Just remember, if he paid for services that you refuse to render, he can sue you. He paid for your room for the entire month of august, chances are he can sue you for not being able to live there the entire month. If you choose to tell him early, I would choose to hide everything of value and throw a deadbolt on my bedroom door.

Just my .02
 

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The thing is, he paid rent, so he's subletting from you, whether or not he's on the lease. Because of that, he needs a written 30 day notice (certified mail so it's on record).

You might want to consider moving out of place, forcing him to move out as well. That, or tell the landlord of the situation (if you think he/she's going to be understanding).
 

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Yes, Kyle is right. Since you live in TX you need to do some research though and find out the exact landlord tenant act that applies in your state.

http://www.texastenant.org/rights/main.html

http://www.tenant.net/Other_Areas/Texas/tenants.html

I can only speak of AZ laws really, but some of it may be the same.

You can not kick out your roommate, nor can you remove his items from the apartment. You have a verbal agreement and even if he does not pay rent he still has rights. In AZ you have to provide a person 30 days notice prior to eviction. The same applies to apartment managers as to tenants that sublet.

I would contact your apartment manager and since he is not on the lease they may talk to him and get him to agree to leave. The only down side is that you might get in trouble as I am sure you were not to sublet, but that all depends on your contract with the apartments. Calling the Police will do absolutely nothing. I know we almost never take reports regarding civil matters, and if you force your roommate out you may get in trouble yourself.

Best of luck...
 
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