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Dear Abby...


WickeDay
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Ok peeps...

So, I've never been through the drill of having to tell a roommate it's not working out. It's weird she insists she doesn't want to move, but then makes it known just how miserable she is here.

Everyday I keep saying, "It's done." Then I try to talk myself into thinking I should be more laid back. But, I just can't take the juvenile (and drunken) games.

It looks like I found my third roommate, so I think I'm gonna solidify things with him a bit first.

I was thinking of not waiting until the 30-day mark before her lease is up, but actually giving her notice sooner to give her a heads up so hopefully she'll start looking and get out. But, then some websites say not to do that, because it just gives the tenant more time to make things bad around the house and find out that if they let you start eviction proceedings, you can be stuck with them for up to 3 months.

Any advice? Maybe I could borrow MasterP's snake and let it loose in her room.

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Although torturing them with all our presence would be lots of fun, unfortunately you do have to give them 30 days and don't use a specific reason. Just say something like you don't feel that they are a good fit and have decided to look for someone else. Yes, you do run the risk of them going rampant but by not giving them 30 days, you give them the chance to sue you in return for 3 times what they are paying along with relocation and moving costs. That can be even worse than what they could potentially do to get even.

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What a stickey situation....Legally, you would probably have to wait till her lease is up and then give her a 30 day notice. If she is miserable and lets people know it, you could use that as an opening....."Your lease is almost up and it has been relayed to me that you are unhappy.....if you want to move on that date, it might work better for you and me, yada, yada.....

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Well, her lease is up at the end of February, so I was going to give her a 30-day notice January 29th, to let her know she needs to be out by the end of her lease. Since I have already decided its not working out, I was going to give it to her maybe next week or something. I was just wondering if I should wait til the 29th.:(

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Well, her lease is up at the end of February, so I was going to give her a 30-day notice January 29th, to let her know she needs to be out by the end of her lease. Since I have already decided its not working out, I was going to give it to her maybe next week or something. I was just wondering if I should wait til the 29th.:(

If her lease is up on Feb 29th and she gives you no intentions of what she is going to do, you don't even have to give her a 30 day notice unless there is a month-to-month clause on the current lease. What I mean is, their lease automatically becomes month-to-month without having to sign another lease. Just read some of the fine print if you use a generic form. I used that to outwit our current landlady who is a real bitch, now we can stay till we feel like leaving. All you have to do is let her know 30 days before the end of the lease that you are not going to renew it. It has to be exactly 30 days, Jan 31st, can't be 1 day early or late or else you start to run into other sticky laws. Don't forget, don't give an actual reason why you're not renewing. If she were to fight you in court the judge could find the reason frivolous and award her the judgment.

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If her lease is up on Feb 29th and she gives you no intentions of what she is going to do, you don't even have to give her a 30 day notice unless there is a month-to-month clause on the current lease. What I mean is, their lease automatically becomes month-to-month without having to sign another lease. Just read some of the fine print if you use a generic form. I used that to outwit our current landlady who is a real bitch, now we can stay till we feel like leaving. All you have to do is let her know 30 days before the end of the lease that you are not going to renew it. It has to be exactly 30 days, Jan 31st, can't be 1 day early or late or else you start to run into other sticky laws. Don't forget, don't give an actual reason why you're not renewing. If she were to fight you in court the judge could find the reason frivolous and award her the judgment.

I'm not so sure about that. Most leases convert to month to month, so you will have to give her 30 days, otherwise she could assume it will convert. If you wait until then you are at 30 days notice again. These are usually 30 days either party after the original lease period.

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That's why I told her to check, the generic forms that get sold in the packs have the month-to-month conversion in there. Just make sure it is exactly 30 days you tell them, I got my landlady on that technicality. She tried to pull a fast one on us 1 day early and was able to sue her for 3x the amount of rent as a result and now we can stay there for as long as we want. Be on the safe side and put it in writing, that her lease will NOT be renewed. Hand one to her or leave on her door and mail another one via CMRR for proof. She could always claim she never got notice if you don't do it that way.

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Thanks Isis!

I was told be several people to be as vague as possible. I actually just listed the terms on the application. I guess that's not really even a lease.

Here is what it says:

Anticipated Possession Date: Wednesday, November 21, 2007

The term of the tenancy will be:

Tenant is allowed to move into the premises immediately upon payment of a security deposit of $500.00 paid to the landlord. Due to circumstances of renovation, the tenant will NOT be charged any rent or other fee’s for the month of November 2007 only.

December 1st, 2007 at the latest, tenant will be provided with keys and bedroom furnishings. Renovation will be continued through the month, resulting in a reduced rental rate for December 2007 only of $500.00.

The rent for January and February of 2008 will be increased to a rate no less than $650.00 and no more than $750.00. Landlord nor Tenant may cancel this agreement prior to March 1st, 2008. If landlord or tenant decides not to renew the agreement for March, 2008, a 30-day advance written notice must be provided to and signed for by each party.

Rent will include security system, phone, wireless internet, cable, and utilities. Tenant is a non-smoker and has no pets.

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Yep, give her the 30 days notice as required by law and make sure that the letter is dated exactly 30 days from the expiration of the lease. That way when you mail it CMRR, do it 1 or 2 days ahead of time for delivery time, she should receive it on the 1st day exactly.

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