I moved in with friend and was there for a month. I told her from the beginning that I didnt know how long I'd stay. I am moving out on the first and she is threatening to take me to small claims court and have the cops serve me with abondoment papers. Can she really do that? If there is no written agreement? In case it matters, I am in Washington state.
128163
Ok, you're making this a lot harder than it really is. The fact, pure and simple is, if your name is not on the lease agreement, then no, she cannot take you to small claims court because unless you cleared it with the manager of the complex and let the manager know you were going to stay for a little while but not permanently, your friend cannot take you to court and serve you abandonment papers.
173325
The 10 day notice of eviction is standard, but no, he cannot make you leave.  He has to post a 30 day notice and go to court.  When you get to court, sometimes the judge will give you a longer amount of time, but often will not.  Your landlord cannot allow others to harass you in any way.  Please see a housing attorney, you can probably speak to someone for free at least for the first time, then they have court appointed attorneys you may be able to work with.  I used to manage apartments, that's how I know these things.  Good Luck!
450769
It depends on where you were living, if it was an apartment then there should be a manager taking care of the rents and repairs that you can talk to. If it was a house that you were renting you may have more of a problem and if you file a civil suit you may be wasting your money since it will be hard to serve him with the papers. Was it his personal property that you were renting or something owned by his business, it is was company property there will be a registered agent who can accept service for him. You can find out who this is through the Secretary of States office in your state. If it was his personal property then I would suggest looking at your lease, was it drawn up by an attorney, it is possible that he could be on a retainer and you could have him served. The only other way you could have him served would be with a foreign process server and some courts wont accept this. Check the magistrate or municipal court in your city to see if this is ok. Ask the court clerk how you can get him served, they are not supposed to give legal advice but they are usually friendly.\nYou might also send him an email threatening to file a civil suit and see if he responds to that. And if you do manage to get him served and get a judgment then I would suggest filing a lien against the home to protect your interests, that way he cant sell it without paying you.
441257
Absolutely you can leave.  In fact, you have a legal precedent for leaving.....your safety.  If a person feels unsafe in an apartment then by law they must have the opportunity to leave said premises.  Look in the government/help pages for your city and find Landlord/Tenant and call them.   Just try and give them 30 days notice and site unsafe environment for your reasoning....that you've been harrassed and even followed and found people hanging around your door.  Are there camera's in your hallway, outside of the building?  Are there security systems...if there are not these are all things you can use against them.  And by the way, NO, your credit won't be damaged a wit because if you put forth a legal precedent they won't go after you because they  know you're smart enough to sue them back. Besides, when people are under 28 or so they think things like this will hurt them just because a management company or landlord said so....rarely true.   Email me wi/any other questions.  Be strong, be smart... good luck.
598294
Look at your original lease.  He cannot add terms or conditions to the original document.  That constitues a breach.  DO NOT sign the new one without talking to a lawyer about what your rights are in regards to the original contract.  When someone changes a material portion of the lease, they are offering you a new lease.  He is still responsible for what is under the original before the date of the new one.  \n\nNow I'm telling you this without looking at the lease, and without knowing the laws in your area.  you should definitely have a  lawyer look at it though.  \n\nJust a thought....you might want to consider moving anyway, but at least get rid of the 30-day eveiction notice part.  Please have it checked out though.\n\n  me
110296
She can't enter without reasonable notice.  Unless your lease has a clause in it requiring that you keep the place clean when she's showing the house there's nothing she can do to require it.  \n\nShe also must give reasonable notice when she goes to show the house, she can't just "show" up.  If she does call the police if she refuses to leave.  Since you are leasing it's "your" house until the lease is ended.  If she's harassing you that needs to be reported to the police, they'll give her a chance to cease the harassment and then if she does anything again they can arrest and charge her.  Any act including demanding you clean a room or be billed (if not allowed in lease) could be considered harassment.\n\nAlso if she trys to say I'm your roommates mother and she's given me permission you can say NO.  Both parties must agree to allow someone on the property or they can't enter.  One person can't "trump" the other's right to not allow someone to enter the property.
19451
you will need to look at the language on your lease, but most likely you have what is called a "joint and several" lease.  if you have both signed the lease, this means that BOTH of you are responsible for the total rent.  if ONE of you skips town, then the OTHER one of you is responsible for the full amount.  you can read more about joint and several here:\nhttp://ezinearticles.com/?Lease-Contracts---The-Meaning-of-Joint-and-Several&id=18975\n\nthis is why it's important to only co-sign on a lease with someone you trust to not screw you.\n\nanyway, the answer to your question depends on what you mean by "legally".  she will not be in violation of any criminal code if she moves out.  however, if she stops paying rent to the landlord, the landlord can hold YOU responsible for the unpaid rent.  and if you don't pay it, they have the right to evict you, since that is a hell of a lot easier than suing her for her share of the rent.  you could claim that you're not responsible, in court, but most certainly the court will find in the landlord's favor when he shows them your joint-and-several lease with your name on it.\n\nif this were to happen, then *you* could turn around and sue your ex-roommate in this situation, in small-claims court, for her share of the rent.  most likely you only have a verbal agreement.  a verbal agreement IS a legally binding contract, but they are difficult to enforce since she could argue that she never made any such agreement with you.  \n\nhowever a copy of the lease with her name and signature on it would certainly imply some level of commitment on her part.  it is not a solid case, but it is possible you could win in small claims court against her.  as always, winning a lawsuit does not necessarily mean you'll see the money.  she could refuse to cough it up, and then you'd have to go through the process of having her wages garnished, and all of this legal stuff costs a lot of money.\n\nthe best thing for everyone is almost always to resolve this without going down the legal route.  you might consider finding a new roommate yourself - that way you could choose who you want to live with.  this would be cutting her a break, but remember that you are in the dangerous position of being hung out to dry if she just bails out.\n\nfinding an amicable solution where nobody gets screwed or goes to court is definitely your best answer.  if you don't think it's right that you have to do the work of finding a roommate, but you don't want to just let her choose, then see if she will compensate you for the work involved in finding her replacement.  then you will either have the new roomate sign a sub-lease with her, or go to the landlord and draw up a new lease with the 2 of you on it.\n\ngood luck!
146433
there is no legal justification of the three FREE months' stay that she is insisting on - here in the philippines or anywhere else in earth - unless you have it on your contract.  but assuming that there is no mention of this in your contract, there is no legal basis for this.  there is, however, a special law in the Civil Code and in the Rental Reform Act of 2002 (RA 9161) which states that you have to inform your tenant of your intention to terminate lease at least three months before the intended date.  maybe that is what she is quoting, only she got it all wrong.  if your contract is legal and not yet expired, this special law may not be followed, depending on what you can amicably settle on a primary hearing (that is, contract first before special laws - supplementary in these cases).\n\nAs for her not being able to pay five months of rent, this is a different story.  after the third consecutive month of her inability to pay the rent, you have the right to judicial ejectment, wherein after 5 days of notice (demand letters, written notices signed by both parties), you have the right to file for unlawful detainer and have your tenant ejected immediately.  this is your right that is given by the civil code.\n\nwhat you can do is to consult a legal professional (civil lawyer) and file for a complaint on the arbitration committee of your community or town.  if you do not reach an amicable settlement, it is your right to file for action against your tenant.
190024
I am pretty sure if you are legally seperated and he has vacated the house and keeps coming into it without your consent or permission, it is criminal trespass, even if his name is on the mortage. He left, you are in possession of the home. I can tell you that more than 5 unwanted phone calls in a 24 hour period is a violation of federal standards and harrassment, as is simply swearing over the phone is an FCC violation. If you go to file a harrassment suit against him, at least in the state where I live, you will have to file a restraining order. He has the right to defend himself in court, which means he can demand a court hearing and you will have to be present and prove your charges. It's not hard to do, just a pain in the butt. You need to understand that any order of protection falls under 3 categories and he will be charged with all 3. You will have to try to prove that you feel threatened and also that he is, indeed, harrassing you by definition of the law. Keep a journal of when he comes over, what he says, how you felt. Also keep a journal of phone calls and even keep messages he might leave on your answering machine with date and time. Also, keep any notes he might leave for you. If you have anyone who can, have someone check the house when you are not there or have the police come by to keep an eye on things periodically. Also, set up a video camera in case he comes by then. You can certainly file against him, but remember you have to prove the charge, otherwise it is a waste of your time and money. Best of luck to you. The only good things about divorce is that it ends.
103126
Without an explicit (written) agreement, you can be evicted at her discretion.  Where she will have trouble, however, is that she needs to give you appropriate notice of her intention to do so (to enable you to make alternate arrangements).  So long as you are not in violation of any laws or explicit policies of hers, you should be entitled to a reasonable time before you actually have to vacate.  The law would most likely deem 30 days as reasonable and I believe you should ask her to give you at least that. You could certainly sue her for any monies she received from you for which she provided no services or goods.  You could also sue her for any harm that befalls you because she failed to give you reasonable notice (time to look for another place to live).  If you let her know that you intend to leave (and you should have decided to do so by now), but that you require 30 days (for which you will pay her if you have not done so), she should give it to you in exchange for your agreeing not to cause legal problems for her and her family.  If she refuses, contact the local law school or local Bar Association and ask for assistance in finding pro bono (free or mostly free) legal counsel.  Best of luck to you in this terrible situation.
460511
First of all, you two have to get a backbone.  I know you're young but trust me, you have to learn to deal with people like this.  Now time to look at the facts.  YOU pay the LANDLORD. That's it.  YOU have RIGHTS.  This is a business transaction, nothing more, nothing less.  It is my recommendation not to get to "chummy" with landlords as most will only use this against you once something goes wrong in your apartment.  There is absolutely no need to feel intimidated.  Don't apologize for anything, if there is a problem on your behalf, then fix it.  Tell the landlord where to go if he asks about your friends, do you ask him about his visitors?  I think not.  Give the landlord post dated cheques and then you won't have to see them ever again.  If they have a problem with this, then mail them a money order once a month, they have no recourse on this. If you have a lease then your tenancy is solid, tenants have more rights than they usually know. They just can't kick you out, in fact it's very hard for a landlord to get rid of a tenant if the tenant knows their rights and how the system works.\n\nThe next time one of them gives you a hard time, tell them that the IRS or Revenue Canada (wherever your from) contacted you and wanted to know how much rent you pay them.  Watch how quickly they shut up then.\n\nPS - In response to the other answers (and with all due respect), but leaving isn't the answer.  THis is YOUR home, you pay for it and you have a right to be comfortable.  Who's to say what the next landlord will be like.  Better to put your cards on the table now.  Who knows, once you do this mabe they'll smarten up and you'll find it a nice place to live.  Don't give in to these idiots.
43136
From what you say she wasn't in much of a friend.  I don't believe she can sue you for twice what the debt is.  Hang on to your receipt so you can prove you paid her.  The judge should dismiss this case.
569022
well if she just got the order it probaly an emergency order. he should recieve his day in court in about a week.however these usually are civil matter which means she may have got the judge to grant her this on emotional abuse sounds like he doesn't need her anyway .However make sure he does not contact her in any way she can prove. in ohio the first time you violate it you can recieve 180 days second time it turns into a felony. so what state do you live in ?e-mail me if you like I actually have a cpo against someone and know a little bit about this stuff. What she has done is really cruel and ultimately makes it harder for people who really needs protection.
250323
Does her landlord know that you are living there? If she has no rental agreement with the building, they can't "evict" her so to speak, if there's no paperwork, there can't be a real court hearing or anything. If the landlord likes you so much I'm sure it wouldn't be too hard to convince them to let you stay in your own apartment. Just tell them that you really like staying here and you'd like to keep on staying there. It's weird that there's no agreements or leases or anything...not very smart on the landlord's part.
192192
From time to time, police departments are known to do roundups or warrant runs.\n\nIt is in your roommate's best interest to go ahead and get this taken care of.  They know the warrant is out there, and if they voluntarily take steps to resolve the issue, it will go easier on them.\n\nIt will likely be a fine, and your friend can ask the court to work with them regarding payment plans.
131304
This is difficult with friends involved. I was in a situation similar, except I was the roommate that moved out. I continued to pay rent as well as the ultilities since it was a <i>contracted</i> agreement. The moved-out roommate should still have to pay for the utilities only if he was there when you first signed up for the utilities, therefore making him responsible for the utilities just the same with the rest of the roommates. If you wanna be soft with him, just ask him to pay for the non-usage based utilities since it's still somewhat of his responsibility.
9601
eh that might be iffy if you are trying to get your own apartment. If you move out to live with a friend you can do it right now I believe. However don't quote me as legal advice please, because I'm no lawyer.