My sister allowed her friend to move into her home as a roommate. Said roommate is not on the lease. Shared living space. Sister is the 'head tenant' and has the lease with the landlord.
This 'friend' has done some things that has turned the place hostile:
Steals money from my sister while she was on holidays, on a few occasions. She stole my sister's loyalty points to buy things for herself (she is the only other roommate and my sister does not believe someone else has access to her cards).
Hasn't paid rent in 4 months, nor utilities, according to what they agreed to. No money has come my sister's way since.
Drug use (hard drugs). Sister found a crack pipe with a baggie of white powder in roommate's room. Cops do not care about small amounts for personal use, I know, but does this issue hold up against her friend for eviction?
Roommate also removed a smoke detector near her room. My sister saw the hardwood floor in the roommate's room had burn marks. There are also clear burn marks on the roommate's comforter.
My sister does not care about recompense; she wants this person gone ASAP.
Would it be a good idea to change locks after moving the roommate's belongings to a storage locker?
This roommate is out of town on a family trip for a few days so my sister has the opportunity.
Also, can anyone speak to possible consequences my sister could face by doing so? She's prepared to foot a bill for a life lesson.
Main Legal Issues:
Theft
Non-payment of rent and utilities
Drug use
Tampering with smoke detector
Potential eviction
Questions Answered:
Theft: Your sister can report the theft to the police as stealing money and loyalty points is a criminal offense. The roommate can face legal consequences for theft.
Non-payment of rent and utilities: Your sister can serve an eviction notice to the roommate for non-payment of rent. The roommate can be legally evicted if they fail to pay rent.
Drug use: Your sister can use the drug use as grounds for eviction. While small amounts for personal use may not lead to criminal charges, it can still be used as a reason for eviction.
Potential Strategies:
Serve an eviction notice: Your sister should serve the roommate with an eviction notice for non-payment of rent and other lease violations. This will start the legal process to remove the roommate from the property.
Document everything: Your sister should document all incidents, including theft, drug use, non-payment of rent, and tampering with the smoke detector. This documentation can be used as evidence in case legal action is needed.
Consult with a lawyer: Your sister should consult with a lawyer to understand her rights and legal options for evicting the roommate. A lawyer can provide guidance on the best course of action.
Things to Discuss with a Lawyer:
Legal eviction process: It's important to discuss the legal eviction process with a lawyer to ensure your sister follows the correct procedures and does not face any legal repercussions.
Potential consequences: A lawyer can explain the potential consequences your sister could face by changing locks and moving the roommate's belongings without following proper eviction procedures.
Safety concerns: Discuss any safety concerns with a lawyer, especially regarding drug use and tampering with smoke detectors. A lawyer can advise on how to handle these issues legally.
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