somebody refuses to move out of my best friends apartment and he is not on the lease.  What can she do?
142888
getting a restraining order will require proof of harassment or violence, and going to court. \n\nsince he is not on the lease, and you have asked him to leave, you have a very clear path to follow. \n\n1. Put together a written notice, signed by all residents of the apt., and add a witness just for good measure. keep a copy of it in a safe place. Give him an absolute deadline for when he must be out, with the clear stipulation that he will be removed by the police on a specific date if he does not, and charged with trespassing. if you're worried about stealing or vandalism in retaliation, make it clear to him that if such occurs, he will be charged to the fullest extent of the law.\n\n2. change the locks immediately thereafter. \n\n3. any damage or stealing that goes on in retaliation should be documented fully. (pics, witnesses.)
555552
Is this an appliance that you provided them?  If so you do have to pay to fix it, but since they're breaking the contract why don't you try to evict them if you have proof that there are more people living there than are on the lease.  You could also raise their rent based on the amount of people they've got living there.
813649
if your name is on the lease you are stuck
26511
If he signed the lease, in almost all cases he is on the hook for the entire duration of the lease. An exception might be if the lease was invalid or illegal for some reason (violation of a state or local law). He might consider:\n- Offer to buy out the lease from the landlord.\n- Sublet the appartment to someone else. This usually requires cooperation with the landlord.\n- Moving out. He is still on the hook but the landlord will probably try to rerent. This will screw up your Dad's credit score.\n- Get a roommate to help pay the rent.\n- Have him find two or three jobs that combine to pay enough for him to pay his bills.\n\nGood Luck to ya!
56791
evilyn's response is the close to being correct but not entirely.\n\nThe law MAY vary from state to state, but I am nearly certain she can move out whenever she wants.  If she decides to find you a new roommate, unless the person has a 'bad record', you really have no choice but to accept the replacement roommate (assuming the apartment manager authorizes the replacement as well--the apartment manager doesn't have to, and could instead throw both of you out).  \n\nIf she moves out without finding you a replacement, she is responsible for her share of the rent for the time it takes you to find a new roommate (or until the experation of the lease--whichever is sooner).\n\nHowever, if you decide not to look for a new roommate and hold her responsible for the lease, that simply will not 'fly' in court.  You have a duty to minimize your losses, which means a judge would not award you her share of the rent for the full term.\n\nIf she moves out without finding you a new roommate, make sure you put ads in the newspaper, keeping records showing you have made an honest effort to find a new roommate.  That way, if you can't find a replacement but can show a paper trail of your efforts, she will be liable for her portion of the rent for the entire duration of the lease.... and you get to live alone.
841595
if he sues you in court show up, let a judge decided if the landlord's lease is legal,\n\nbut remember if he files against you and you do not show up he wins no questions asks
918400
your friend can look into legal aid. Or call a lawyer and ask if they know any lawyers that can help.
23945
One of you will have to move...there is no way to get over someone you still have to share a home with.
1074147
Start out by reporting her for disturbing the peace. Do it every time she starts screaming at you. If they won't come out and do anything about it, this is what you do. Go to the Police Dept during regular business hours and file a complaint regarding lack of response on your problem. Tell them that you feel threatened by this woman. Keep a journal of every time you call and everything she does. Write down dates and times for everything. After you have several calls down and several incidents recorded, go to your city or county courthouse and ask the clerk of court about filing for a protection order. A protection order says that she can no longer attempt to communicate with you in any way. She can still yell at your husband or guests, but not you. Once you are at that level, go to your apartment managers again with copies of all this information. Still can't get rid of her? Take your info to an attorney for civil matters. You may have a nice case for a lawsuit. You may also want to have your husband file for a protection order as well. Hopefully you get a good repsonse from the police and she starts getting tickets for disturbing the peace. Do you know her name? You can check with the county courthouse and get her criminal record if she has one. Check with them and see what they will charge you for the information. In my area it's ten dollars for anybody's info. Build up and save your evidence and you should see her going bye bye, before long. If I can be of any further assistance, let me know.
91745
You are a visitor.  If you two get in an argument, he can ask you to leave since you have not rights in the apartment.
306276
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.
433527
If she is breaking the lease, then you can evict her.  I am not sure if you can do this while she is in jail.  You might want to check your laws in regard to this.
854052
There needs to be rules when there are roommates.  The 4 of you need to sit down and establish rules and boundaries.  If he goes outside the established rules, then he is hereby evicted.
974112
You will need to contact the apartment Manager and ask to cosign the lease. But keep in mind that if your friend is unable to pay the rent you will then be responsible for it.
498545
Hi I m from Good old SA, your Landlord is not allowed to terminate your lease because you had a frying pan in your room as long as you did not have a stove in the room which you where using he/she can do jack shit too you if he /she wants to dispute it you can contact the Department of housing who will look into the matter, there number is 011 355 4000 webpage www.housing.qpq.gov.za
815605
Despite the myths, there is no law that allows you out of a lease if you change your mind in three days.  See if they can move you to a larger apartment. Good luck.
371187
Do I understand this correctly - Your friend's mother was evicted and the landlord (who evicted your friend's mother) is refusing to give your friend information?\n\nIf your friend's mother was evicted, SHE should have that information - any information that is available.  I assume she does not care to share it with her son.\n\nThe landlord's attorney has confidentiality obligations to his client.  I don't believe the eviction and judgment dates are available on the Net (and may not be available to the public). \n\nYour friend should talk to his mother and get her to talk about what she knows.  Surely, she has been set notices if a forwarding address was given to the landlord and/or attorney.  \n\nI am not a lawyer.