How AI Legalese Decoder Can Help Navigate Legal Issues with Non-paying Roommates
- June 2, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Context
The situation involves a roommate who is not on the lease wanting to break the rental agreement and move out early. The request was made on May 6th, and there have been difficulties in communication. The house has 6 people sharing common areas.
# May 6
Initially, the response was that the request couldn’t be accommodated due to the rental agreements usually starting and ending on specific dates dictated by the university campus.
# May 15
Recently, the roommate mentioned not paying rent because of feeling misled about the agreement. There are potential legal claims being made, such as misrepresentation about the house being for sale and offering priority renewal leading to demands on rental terms. Despite offering reasonable solutions, the roommate has rejected them.
# How AI Legalese Decoder Can Help
The AI Legalese Decoder can assist in translating and interpreting complex legal language and claims that the roommate is making. With documented evidence and support from other roommates, the AI tool can provide clarity on the legal aspects of the situation. It can help in understanding the implications of eviction laws in BC and whether involving a lawyer is necessary in this scenario.
# Question/Guidance
Considering the roommate’s threats of legal action and refusal to pay rent, the dilemma is whether to seek legal counsel or initiate the eviction process if rent stops being paid. The roommate’s claims seem unfounded based on the evidence available, but the best course of action may depend on legal advice or guidance.
# TLDR
In summary, a roommate not on the lease is making false claims about the rental agreement after being denied early termination. With supporting documentation and witnesses, the situation may require legal intervention or eviction procedures if rent payments cease. Consulting with a lawyer or using the AI Legalese Decoder can provide clarity on the appropriate steps to take.
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## How AI Legalese Decoder Can Simplify Legal Jargon
Legal jargon can be incredibly complex and difficult to understand for those without a background in law. With the rise of technology, AI Legalese Decoder is a tool that can help bridge the gap between legal professionals and everyday individuals. This innovative technology uses advanced algorithms to decipher complicated legal language, making it easier for non-experts to comprehend.
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I’m going to take a wild guess that someone living in a house with 5 other people probably doesn’t have the disposable income to hire a lawyer.. and there is no case here anyways. You can’t successfully sue someone because of things you claim someone else said.
>break our rental agreement
>
>[…]
>
>I told him initially that I cannot accommodate for that as we live on university campus and leases typically start/end may/september 1.
What agreement did *they* sign? You said they want to break their lease, what is the term of their current lease?
>He talked to me today and informed me he will not be paying rent
If you want him to stay and continue on with the agreement, tell them now that if they don’t pay rent, they will be evicted from the unit for non-payment of rent, and their damage deposit will be forfeit for costs for the locks and missing rent. You can also mention you can file with the civil resolution tribunal for any other losses for the breach of contract.
If you want them to be out and they want to be out, consider just making an agreement to end the tenancy May 31st and be done with it. Save yourself the headache, since the battle may not be worth it.
>I gave him 3 potentially solutions which all seem reasonable and he has denied all of them
what were they?
>Should I contact lawyer or just evict him (outside of RTA provision) when he stops paying rent?
I wouldn’t bother with a lawyer. If they stop paying rent, you can file a claim with the civil resolution tribunal for losses (missing rent + losses for them breaking a fixed-term, if there is one). CRT is meant for people without lawyers, similar to RTB. You could win a monetary order, but enforcing the monetary order is a different beast, but it’s your time and money.
*(in response to your other comment)*
>You say I can change the locks but that would also require a locksmith to be on standby.
Since you rent the house, you need your landlord’s permission to change the locks. So, if they are ok with it, you would need to pay out of pocket to change the locks after the person is considered evicted (same-day, next day, whatever). Using the money form the damage deposit for this + any rent owing would most likely be ok if it ever went to arbitration (CRT). just keep records of everything.
If you’re contemplating going to the effort of evicting him, why not just let him move out?
What kind of agreement do you have with this person? Oral? Written? What terms did you agree to about the length of the agreement?
Sounds like you’re the head tenant, the entire lease is under your name and only you have a direct agreement of payment with the landlord.
If that’s correct you can evict anyone with 30 days notice. Payment or no payment. If he doesn’t pay, tell him you want him to leave. It’s causing you stress, there’s negative feelings and you’re uncertain of his actions forward.
Since his is just a roommate, He has no recourse with RTB. He would have to try to sue you civilly which he won’t. At 30 days, I’d move his stuff outside and I would just change the locks myself. It’s really simple to change locks yourself, you don’t need a locksmith. Just YouTube it. You’d just need to make a couple more keys for the new lock.
Also record the conversation where you tell him you’re evicting him on camera and serve him a piece of paper.
Give the roommate proper notice to vacate. There’s no RTA here because he’s a roommate (if I read this right). After the date on notice, just change the locks and put their stuff in storage. They’re not protected under RTA, so don’t let them threaten you like they are.
Start by accepting that you will have some sort of loss. That’s part of the landlord business, even the roommate-sublandlord one. While it is clear that the roomie has no rights as a tenant, your rental contract is still a valid contract and subject to common law. It can be litigated in civil court. Look at the document you signed. Does it say anything about reasonable notice on either side? Does it say anything about non-payment? Making sure any steps you take is in line with the contract can help a lot if it ends up in court. You could eventually sue him for your losses and he could sue you as well. Most people don’t bother with lawsuits, though.
If he wants to leave June 1st: let him leave. Don’t put conditions on it, don’t create a power struggle that causes him to stay. Just sign a paper together that says he will be out by June 1st, give you back all keys and empty his stuff, and that you can remove his stuff as of June 2nd if it’s still there. Hopefully, he remembers that was his initial ask, signs and leaves. Or doesn’t sign anything but still leaves as planned. Then just find a new roommate and move on with life. If the inability to show the room causes you to miss out on a month’s rent, you could sue him after the fact if that seems worth it to you. Keep in mind that agreeing formally to him leaving would normally end your right to sue him for the rent he would have paid for the remaining months of his contract. However, not agreeing means waiting to see if he leaves or not, waiting to see if he pays or not and overall giving him all the power.
If he wants to stay and not pay rent, you can either give him notice now to vacate (30 days has been recognized in roommate situations as valid in BC, but it’s a case-by-case situation that relies on the notion of being reasonable and respectful) or wait for him to actually miss rent and then give him notice. If he doesn’t leave at the end of the notice period, you can (or maybe the landlord has to do it?) get a Writ of Possession from the court and hire a bailiff to come evict him. You could theoretically evict him yourself. It’s not illegal to do so, but it opens you up to more litigation if the guy wants to sue. You might want to call a bailiff who does evictions and ask them about what they need to evict a roommate not on a lease. They might have insight.
You could also send them a written notice that confirms you have received their notice that they will vacate before June 1st and lay out any details to close out your contract, such as any dispositions regarding any deposit given, what will be done with his stuff if he leaves anything behind, etc. You can throw a lifeline by mentioning you can be used as a reference for future apartments. It’s not clear if the May 6th communication was in writing, but attach a copy if it was, even if it’s just a screenshot of a text. Then it’s on them to respond, either denying that they said they were leaving or telling you they changed their mind.
Keep your landlord informed of the situation. It’s in their interest to not have a loose canon tenant not paying rent even if they can collect the whole thing from you. Someone like that is at high risk of causing damage to the unit. If your landlord is smart, they will be happy to let you change the locks, but they likely will expect you to pay for it.
Ultimately, someone who is refusing to leave and refusing to pay is a giant hassle, but reacting quickly and not giving them any sense that you are scared to take action tends to work wonders to get them out.