you want the homeowner to intentionaly make his property uninhabitable? First (major) flaw I see with that little scene is that I would think the ‘house’ becomes red tagged, they don’t just tag off part of the house.
For all of you that are telling him to be careful, get a lawyer and look up the law I did it for him in the last thread.
A link to a form he could have given them as well as the link to the Vermont Termination of Lease for Non-Payment Law
He does not care.
He thinks he legally can, his landlord says he legally can so he is going to do it legally or not.
Let the chips fall were they may.
A tenant, even one who has stopped paying rent, can get a a restraining order against this kind of coercion. You cannot turn off the heat, or water, or change the locks or otherwise make the premises uninhabitable. You have to go through the court and get a judgement and a writ. If you take the law into your own hands, the tenant can sue you.
Of course I have. The bottom line is, your landlord is saying “You take care of it” and I’m afraid the local Vermont news will be reporting next week on the beating death of a man who tried to kick out his unwanted guests because his landlord didn’t want to deal with the matter.
Sometimes I think you have to weigh the costs of things. You’ve gotten a lot of good advice here, but bottom line is, until you have read the law *yourself * or spoken to a lawyer yourself, you really don’t know what the fuck you’re doing.
Well that is true, but landlords do it to tenants when they can get away with it. You’re right, though, it’s probably a bad idea.
Our next door neighbors were evicted by the landlord, and the owner of the house turned off the electricity.
I’m pretty sure that’s illegal, but the tenant wasn’t arguing with the situation…they were moving out.
We have a tenant that still owes us more than $4000 from an eviction. We’ve learned to pay the $30 for a background check.
First, ABSOLUTELY DO DO NOT TRUST YOUR LANDLORD to give you reliable legal advice on kicking out other people. Your landlord may have an agenda different from you, or just an incomplete or incorrect understanding of the law.
You may be opening yourself up to serious legal issues if you lock these people out of their home. Talk to a REAL lawyer in your area before you do anything so drastic.
I don’t know enough to give you any other advice about this.
So here’s what you do, with the landlord’s concurrence/connivance, and assuming step 3 is legal:
- Give your landlord the 30 days’ notice.
- Find cheap lodgings elsewhere for a few days either side of the end of the 30 days.
- Let the LANDLORD evict your roomies at the end of the 30 days.
- Once they’re evicted, be your own replacement and move back in, sans roomies.
With all of the advice, he’s been given before and the reference to having given the roommate thirty-days’ oral notice, why didn’t he give his notice on the 7? He’d be free a clear in a week.
Even if did this (and crashed at his parents for a bit), he could have made a side deal with the landlord to come back after the landlord have gotten rid of them.
Easier for whom? Look, these people are either tenants of the apartment or they are not. If they are, they have certain rights that do not change by “letting” (making?) you as the co-tenant evict them, as opposed to the landlord evicting them. IOW, if their rights are set by their status (are they tenants or not?), there is no way to circumvent those rights just by having you do the evicting instead of the landlord. The only difference is that now the risk of wrongful eviction is on you, not him. How is that to your benefit?
They are either tenants or not. If they are, then the landlord has to comply with the law in securing their removal. If they are not, then the landlord has the authority as the owner to secure their removal. And the sheriff’s office is highly unlikely to take your word, as a roommate, that you have your landlord’s blessing to do this, if the landlord as property owner is not standing right there.
In my jurisdiction, the sheriff’s office will not attend a forceful eviction without a writ of restitution from the court – a court order – restoring the property to the LANDLORD, not to a co-tenant. The sheriff’s deputy does not assist in the eviction, he or she is only there to keep the peace. AND the sheriff’s office charges a fee for this service. AND they’ll still only do it assuming their law enforcement duties allow – if there’s a major incident requiring response, they ain’t coming.
What you propose to do is a bad idea on several levels. Your landlord is not your ally in this, if he expects you to handle this without his assistance. Go talk to a lawyer.
ETA: I have lived in the same apartment for 25 years, have been to housing court with several different landlords, and worked for a few real estate/landlord-focused law firms. I, of course, ANAL, but please listen to the posters here and consult an attorney before you do anything. If money is an issue, housing courts usually have pro se attorneys available for consultation and local bar associations will usually provide $25 / 1/2-consultation referrals. Even the $25 is worth it.
No matter what, leave everything to the landlord. For all of the reasons listed above (illegality, liability, revenge, landlord responsibility), you don’t want to do this yourself.
Please consider everybody’s advice (especially SomeUserName and especially not Zebra ).
Call the police.
You suspect that they use, and may be selling, illegal drugs. Do you suspect that they operate a motor vehicle under the influence?
I haven’t read the other thread, so this may not apply, but I’m getting the impression that you basically took on another roommate without any formal approval with the landlord.
If so, is there any reason you can’t take on a few more informal roommates? Like, oh, your sister and her five children under nine, your best friend from college who’s learing to play the bagpipes, a handful of people from your choir who like to practice at 6 a.m. every Saturday and so on? Get each of them to pay you $10 bucks (reimbursed later) and ‘move in’. Obviously all the apartment space has to be shared equally…do you suppose the evil tenant will be dismayed at having four more people living in that bedroom?
The OP was an idiot in the last thread and is an idiot now. Given the response to good advice in the last thread, you can expect the same disregard here.
While they are not on the lease, the OP is subletting the rooms to them which makes them legal tenants who have all the rights as such.
So, the landlord has already lied to you before, done things in an unofficial manner that have created a big burden for you and imposed extra costs on you, and seems to be taking the same approach to this situation.
It has? In your own words, what would you say is the lesson you learned from the previous mistakes, and how are you putting that new knowledge into effect with respect to the current problem?
If he wasn’t paying his portion of the rent to you, you can sue him in small claims court. His lovely note to you is proof that he wasn’t giving you money. Keep your canceled checks as receipts that you were paying and voila! you can let the asshole eat his own words.
First, find out if in law they are co-tenants, sub-tenants, or roomers.
Second, find out what the legal eviction procedure is for that particular category.
BUT! if bouv can prove that legally these people are NOT tennants, then they are tresspassing, and the police WILL assist with removing tresspassers (IME).
Good luck with that. Vermont law defines all the terms relevant to a rental agreement here.
A tenant is: “a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others.”
A rental agreement is “all agreements,** written or oral**, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
A landlord is “the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part.”
To my untrained eyes, if the roommate at any time had an oral agreement with **bouv ** to rent a room, that makes him a tenant, entitled to all the legal protection afford him by Vermont law.
But **bouv ** should consult an attorney (which I am not) before acting on this information.
If a kitchen or bathroom are shared, then is does the deadbeat have a residential dwelling unit to the exclusion or all others? Just asking, 'cause where I am, that wouldn’t be the case. Best have a quick chat with a lawyer in your jurisdiction.