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Roommate violence
Q: My roommate and ex-boyfriend has threatened to kill me. I am in fear for my life. Do I have the right to evict him from our apartment? I signed the lease but I added his name to it. He never signed the lease. I am not sure what legal rights I have. I have already told my ex-boyfriend to leave and get out of my life. It didn't work.
Illinois
A: Please go IMMEDIATELY to your local courthouse, women’s violence prevention agency or legal aid clinic and ask for help in getting a restraining order. Depending upon your circumstances, you should be able to get a restraining order that will prevent your ex-boyfriend from coming into contact with you. As a practical matter, this will require him to move out of your apartment.
No woman, or person, should tolerate threats of violence made against them without taking action immediately. I don’t know you or your ex-boyfriend, but I urge you to take his threats seriously and protect yourself. Consider staying with a friend until he has moved out.
As far as your lease goes, your ex-boyfriend does not have any rights from the apartment owner to occupy the apartment. Because he didn’t sign the lease, he isn’t part of the agreement between you and the owner. You listed him on the lease so the owner recognizes him as a valid occupant of the apartment.
But, because you’ve let him live there, your ex-boyfriend may have some legal rights as a person renting the apartment from you. Anytime you let someone live in any type of dwelling you control in exchange for rent, you create a landlord-tenant relationship. This rule applies even if you’re just renting a room to someone in your apartment or house. To remove them, ordinarily, you’ll have to file an eviction proceeding.
In your case, though, PLEASE see about getting a restraining order first. This will offer you more protection, and may solve your “tenant” problem.
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Renting a room
Q: I'm looking to rent a room from someone but my credit is really bad. Does this matter?
California
A: Woohoo! This question wins “Most Practical Solution of the Month.” If you don’t have the credit to pass an apartment credit check, try renting a room. I applaud your thinking. Of all the readers I’ve had ask how to rent with bad credit (approximately 100 over the last year), you are the first one with this solution.
First, renting a room is much cheaper than renting an apartment. Often it costs as little as one-third to one-half even a one-bedroom apartment. Remember, you’ve got bad credit for a reason. It’s probably good to reduce your expenses a bit.
Second, someone renting a room may not conduct a credit check. If they do, they may place less importance on it. Because the rent is much less, their risk is probably much less, especially in a larger house with several rented rooms.
Of course, these people have their own ways of collecting your rent. If you don’t pay on time, you’ll be amazed how fast you become a pariah in your own house. This is even more effective when there are several roommates sharing the rent.
Of course, make sure you evaluate your potential roommates as well. Check out the roommate resource information, both in my columns and elsewhere in the RENTNET® section. Use these as a guide to help you find a good living situation.
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
The RENTNETR and Homestore.comTM family make no representation as to the accuracy or completeness of the statements made herein. Please see our Terms of Use for more information.
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Equal Housing Opportunity.