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Sam
Sam, Attorney at Law
Category: Legal
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i have a roomate that is supposed to leave today gave him a

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i have a roomate that is supposed to leave today gave him a written 30 notice ,he has damage property such as oven ,and will not pay to fix he has been given month to repair ,do i need to allow him use of oven ,do i need to supply him with utilitys,he has pushed me in the past and threatens me ,he is an alcoholic and stunmbles and creates damage and messes all the time
Submitted: 6 years ago.
Category: Legal
Expert:  Sam replied 6 years ago.

Hi

 

Well, he needs to be treated as a tenant. Who owns the property? Is he on the lease?

Customer: replied 6 years ago.
hes not on any list its my home,i know he has tenent rights but what are my rights
Expert:  Sam replied 6 years ago.

Hi

 

I see. Yes, I am going to tell you your rights. You have given him the 30 day Notice to Vacate. Now, if he does not you will need to follow the eviction process. You can get those forms from the Court and file them. You will have a hearing within 5 days, the Court will grant you a Writ of Possession, you give it the sheriff, they serve it on him and remove him from your property.

 

As to repair costs, if he does not willingly pay, then you will need to file in small claims court. You can pursue that after he has been evicted from your home.

 

 

Customer: replied 6 years ago.

sam

i have a few more questions.as for the ultilities we had a deal he payed for the cable and then he would not have to give me for ultilitys,he has disconnected the cable to only my room,do i need to supply him with utilities,i have to paying roommate ,well had,and a friend that i let stay here but he lives in utah and i let him stay during a job he had he now he is done and i cant get him out,he is away in utah at the moment but he feels like my house is his,the economy has gotton a hold of me ,im trying to do a loan modification the bank will not accept payments from me so he had the nerve to tell me why should he give me any money to stay here if i am not paying on my mortgage.hes been here since april off and on ,he helped me work on my shop for two weeks and has given me less then 300 for staying here,i didnt hav a room for him so in the beginning he was on the couch.then he brought his teenage boy to work with him on that job so i took my dinning room table to my shop,and lent him two twin beds,the beds belong to my exgirlfriend,hes been comitting adultery in them and has done damage in that room,he is supposed to be back on the third,question my ex wants her beds back.he just left with out saying anything to me do i need to let him back in,can i take my dinning room back,can i remove the beds,as you probably figured these guys have talked and trying to get something for nothing but im fighting to keep my home my future,thank you your answers hav been helpful so far i will accept at the end

Expert:  Sam replied 6 years ago.

Hi

 

If you served him with the Notice to leave and he has, then you can take that as he is following your demand. Change your locks and do not let him back in. You have given him notice and he left. If he has any belongs, tell him you will arrange for a time for him to retrieve them. Yes, you may return the beds.

 

You will need to sue him for anything that you feel he owes you, as I doubt he will be giving you any money.

 

Customer: replied 6 years ago.
i dont think u understood ,i hav 2 problems poeple,the first one that i hav given notice is here and not planning on leaving,the secound one is the one that has a house in utah and is planinng on comin g back on tuesday,he is the one that is using my exs bed can i take that bed?do i need to supply utilitys to poeple that r not supposed to be here
Expert:  Sam replied 6 years ago.

Hi

 

I see.

 

Yes, you can take the beds. You do not need to furnish anything.

 

 

 

Customer: replied 6 years ago.
what about utilities to the guy i gave the 30 day notice,can i restrick the use of my applances,washer dryer ,frig,electricity water gas oven,i need to go to the court house now for that paperwk so if u can answer those questions before i leave i will accept the answer
Customer: replied 6 years ago.
Just waiting on the last response,to push the accept answer
Expert:  Sam replied 6 years ago.

Hi

 

IF you have someone living with you, you set the terms. For instance, you can say the use of the appliances such as the washer and dryer are on Saturdays from 10 to noon. Or you do not have to allow them use of them at all.

 

Obviously, you cannot restrict necessities such as water use or electric but you can make them pay for what they use.

 

I apologize for not getting back to you sooner.

 

 

 

 

 

Customer: replied 6 years ago.
my question is since hes staying beyound his 30 day notice do i need to supply electricity and use of my appliances why trying to get him out
Expert:  Sam replied 6 years ago.

Hi

 

Again, you do not. You should be going to the court house and getting the eviction documents filed. NO. You do not need to supply him anything. You are evicting him.

 

 

Customer: replied 6 years ago.
since i live here can i just turn off the breaker to his room,and lock my breaker panel,just need to be 100 percent clear on that
Expert:  Sam replied 6 years ago.

Hi

 

Under the law you must provide a living environment for any tenant. You may not turn off the electric but you can prohibit use of any applicances. You need to go to Superior Court and file for the eviction. I cannot continue to tell you this any differently then what I have already explainted to you.

 

Please re-read all my comments

 

 

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