Q: Someone is renting a room I am just the leaseholder. What should I do?
Not the landlord just wondering what I can and cant do if someone doesn't pay rent. I have him on a month to month agreement went to the court house and they told me to just do a unlawful detainer but I'm just a broke college kid and don't have that kind of money. Since the agreement doesnt specify an exact bedroom can I move his stuff to the living room and let him sleep on couch till I can settle this...? I cant afford to pay for his room and mine it's already been a month with no pay. Any help or tips on what I can and cant do will be amazing!
A:
It appears that he is subletting from you. So you are both the lessee (person who rents premises from someone else, a "landlord") and lessor (with respect to the room which are renting to your non-paying sub-tenant).
If you have a written agreement (lease), he could content that the specific room is implied. So if you move his stuff out of the room, change the locks, etc., your sub-tenant could claim that you were unlawfully ousting him, for which he could possibly recover a penalty. So give him a written 3-day notice to pay or quit. If he does, fine; otherwise you will have to come up with the filing fee and service of process fee necessary to sue him for eviction.
In the mean time, find another sub-tenant, and next time get a deposit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
