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Hello everyone! I have a really bad situation at home. I use to rent out a room to a gentleman that fell on hard times. I allowed him to move into my basement until he could get back on his feet.
However, he has mistaken my kindess for weakness. He gave me $150 his first week there to cover some of the cost of electricity, heat, water down there. Other than that, he has not paid me any money.
I thought he left during the summer since I wasn't able to locate him. However, he had left some belonging there and actually changed the basement door lock! He returned recently and has been sending my water, electric and gas bills through the roof. I just want him out, he doesn't wish to leave and I don't want to receive a fine from the county if possible.
Is there any way to remove him without having to go through a formal eviction? He is a squatter, is there any solution?
The only way out of that is possibly if he has not been back for 30 consecutive calendar days (the amount of time a person must live in the same place to be able to claim residence). You may be able to call the police and have him removed, but the fact that you kept his belongings in your basement throughout the summer while he was not there could be a carryover of his resident status from when you first let him move in.
Whether his living quarters are technically legal or not, he is a resident of your home and he has a right to be there and if he knows his rights (considering how sneakily he has come back, he probably does), he can take YOU to court or call the police on you if you try and throw him out without utilizing the legal system.
As for you getting a fine, the courts you use for landlord/tenant issues won't deal with fining you for having an illegal apartment. If you have a full illegal basement apartment and you are reported to your municipality, they can come and inspect it and make you remove it or fine you. If he was only living down there without a kitchen of his own though, that is not an apartment and you would probably not get in trouble.
Last edited by I_Love_LI_but; 12-02-2009 at 12:06 PM..
Very strange story. How do you know this man? You just let a stranger move into your basement? Was there any understanding between you (written or otherwise) about how much he would pay or how long he would stay? You didn't check over the entire summer whether he was there or not?
Anyway, if you gave him permission to live there he is legally a tenant and you would have to evict him. You may want to consult an attorney.
allow him to threaten you and then call the police and tell them you fear for your life. they will arrest him. problem solved. it sounds cruel but then again, so is life.
Thank you all for your input. It's greatly appreciated!
He was renting a room in my home. He always paid on time, cleaned up after himself and never caused a problem. Therefore, after he lost his job and was unable to continue paying from the room. I allowed him to stay in the basement, it was suppose to be for a little bit until he could find a cheaper place.
I never charged him rent in the basement, I did take that $150 that he gave me. However, it was never agreed on that he would have to pay me or anything of that nature. I was simply providing him with a place to stay.
There are 2 entrances into my basement, he changed the locks on the rear door. I didn't wish to change the lock out of fear of him having some sort of tenant rights. The basement has no kitchen, simply a futon and a toilet. It is fully carpeted and was used as a play room for my kids.
If anyone would like to suggest an attorney please do. I believe I am going to need one.
^^^
C'mon 'zilla ... she wants some real advice. No kitchen = no apartment. What she's got is a guest that won't leave.
To the OP: hopefully someone on here has an attorney to recommend that specializes in landlord/tenant problems ...
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