Re: Friend over stayed welcome - Landlord Forum thread 335306

Re: Friend over stayed welcome by VinFL (FL) on May 21, 2015 @14:04

It appears that your friend is no longer your friend if he is going to come back with a justification like that.

Most likely, the law would look upon your agreement as a month-to-month lease. You could give him a notice of non-renewal for the end of the current month, but if he does not move, your next choice is to do an eviction. However, if he does not move out, the only thing you can sue for is to get him out (ie no damages other than physical damage you can prove).

Instead, you might consider giving him a written renewal notice that at the his current lease is ending at the end of the month and his new lease will begin on the first. In this new lease, state a rent amount ($750.00) plus half of the utilities, a security deposit of ($750.00), and don't forget the late fee ($25.00). Then, if he does not leave, he is a hold over and when you evict him you can also sue for the unpaid rent for the first month of the new lease. Yes, it is a ploy to strengthen your stance; Now, if you go to court, a judge may or may not award you money for rent, but since it will be obvious to any judge that your 'friend' is taking advantage of your charity, you never know.

Of course, your best next step may really be to speak to a lawyer so that you do it properly the first time. Nothing is worse that going through an eviction only to find that something was done incorrectly (and then you have to do it again).

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