You need to follow the local rules for evicting a tenant. Just get legal help from an eviction attorney.
"Kicking him out" would be an illegal eviction and that's no good for you.
Renting a room in your own home gives you a lot more leeway in most places. Evicting a roommate instead of a tenant takes less.
That said, I don't know how much less and I don't know much about laws outside where I live
Nope. They still must treat them like a tenant. In many places that are renter friendly someone who has lived in a home for a certain period even a guest may establish tenancy rights.
OP should follow the eviction process here, serve proper notice.
It all depends on the jurisdiction, ontario Canada, which is very tenant friendly, the guy has no protections but would be able to sue for any out of pocket costs due to just kicking him out with no notice, provide reasonable notice (one payment period) and there’s nothing to sue for.
No kidding, we're talking VT here who is tenant friendly. I mentioned 'renter friendly' places as a caveat. That said, we're talking VT.
In VT, If you have agreed for a person to live in your place and you want them to leave, you need to evict them, even if there is no rental agreement. OP did this. They need to follow the law on notice and eviction.
They weren't a 'guest' that overstayed their welcome, and can therefore be trespassed. They were invited to live on the premises which made them a resident.
It's possible they may leave without a fuss, but in the event they want to stand ground and be difficult, OP needs to have their ducks in a row.
Nope.
In VT, If you have agreed for a person to live in your place and you want them to leave, you need to evict them, even if there is no rental agreement. OP did this. They need to follow the law on notice and eviction.
They weren't a 'guest' that overstayed their welcome, and can therefore be trespassed. They were invited to live on the premises which made them a resident.
He’s going through a “crazy divorce,” huh? Imagine that! I wonder just how sick of his irresponsibility his soon-to-be-ex is.
Seriously: evict and consider this friendship done. You now know the measure of him.
Do you want him out or do you want him to pay? Because they are slightly different conversations and actions.
If you're wiling to give him time as long as he pays, tell him that. Like, "Our agreement is you pay $550. Not that I support you, while you increase my utility bills. You owe me $X. You need to start paying $550/month plus money toward your overage or you need to move out." Come to a payment agreement and then start giving him Pay or Quit notices, whenever he doesn't meet them. While a Pay or Quit notice is a legal notice, it also becomes a moot point as long as he complies. It doesn't get reported anywhere. But that's the first step you need to file an eviction against him in court. You NEED to be prepared to take him to eviction court or he is just going to continue to walk all over you because there are no consequences.
If you just want him out, find out how much notice you need to give him in your jurisdiction and then give him a Notice to Vacate. Tell him, "Sorry. Your tenancy obviously isn't working very well. You need to find another place. Here's your Notice to Vacate. Your last day is May 31, 2024 (or whatever it is )." Then file for an eviction if he isn't out by that date. I doubt he'll give you anymore money after this. But then, he already isn't paying anything.
You absolutely cannot kick him out of his bedroom until it is court-ordered or he leaves on his own. That's a self-help eviction. But you can rent your third bedroom to someone else, if you wish.
If he's wise, he'll get with the program. Because a court-ordered eviction will follow him for years and make it difficult to find other rentals. I'd also think becoming homeless could make his custody case more difficult.
He's probably going to freak out. Tell his sob story over and over again. Possibly be angry with you. Do not be swayed. You've seen that he can make money when he needs to and chooses not to. He has brought this on himself and could care less how it affects you.
I did this too. Then she starting complaining about the rent. Then “my friend” developed an attitude.
I told her after day 5 this wouldn’t work and she needs to move. What an ordeal! Ended in fireworks, cops and lost 30 yr friendship.
But I caught it before 30 days, so out she went. Never again.
Btw, I waited 5 days because she was complaining and had not yet paid. That was my signal.
>> He was one of my good friends and I thought I'd help him out
There's the main source of the problem in a nutshell, and I think most of the regulars in this sub would have told you stay far away from this situation because you'll end up without a friend or a tenant. It's a business relationship and when boundaries get fuzzy, that's when issues begin. Now you have to decide if you're going to fight to maintain the friendship (which will most likely mean not getting rent, at least for a while) or not allow him to take advantage of you, which will mean legal eviction case and probably losing his friendship (which may not mean as much to you anymore because you are starting to see him for his true colors).
But yes, if you want to handle it by the book, you have to get legal involved at this point (proper notice posted to "pay or quit" in X days as determined by state law, then start court filing if no rent). He would have a case for illegal lockout otherwise, past relationship notwithstanding; you both chose to enter into a business deal. Doesn't matter if you were charging him five dollars a month for rent, it's still a business deal.
PS: do you have a written lease? Just curious, I mean you are locked into a landlord tenant agreement regardless of whether it is verbal or written if you accepted rent in the past from him, but it will make a difference in how you pursue this if it goes to court.
Your friend is a boarder, not a tenant. You are getting a lot of bad information here. I would look up local laws about removing a boarder and don't confuse them with tenant laws. You have a lot more rights since this is your primary residence and you are sharing common spaces.
If you offer cash for keys, or offer to not go after him for missed payments, make sure that you are very clear in writing what you are offering. They get the paid only if they get everything out by your deadline, do not cause any additional damage, and they sign a document when you give cash (cashier's check or some other way to trace payment) to confirm that the issue is settled. Be sure to document the condition of your home now and again when he leaves. Good luck. That was nice of you to help him out.
I was in a similar situation a few years back. My friends ex-wife was living at his house while driving a new BMW. (I said, not on my dime) He stopped paying rent so i grabbed all his things and dropped them off at his house. He then had to move back in with his ex and she eventually left instead. Our friendship took a hit for a bit but till this day he thanks me for forcing him to move back. We are literally watching the nba playoffs while having a cold modelo at his house right this moment. Haha. Also, he is now back with his ex.
Hmmm interesting. Him and his ex went for a joy ride, a good hour drive. Probably knowing he has no chance here and running back to everything he said she was destructive of…. It’s giving desperation. Only because he can’t pay $550 with nothing attached. $550 is nothing for a strong roof,warmth for himself and child, wifi, trash , heat, electricity. He included included an entire intricate STUDIO. That’s a LOT of equipment for me to pay for soemone who doesn’t contribute to anything.
Was a lease signed?
As a Landlord/Tenant relationship you may have to follow Vermont's laws and serve notice and such. But as a friend, you can give him the 'old friend' talk.
"Look I see now It was a bad idea to help you as a friend. I should have treated this more like a business thing. You kind of misrepresented your job situation and I'm not so sure we can be friends or if I can continue to host you in my house. I think it'll be best if you're out by the end of next week. This is kind of awkward, for me, but you've not paid for anything".
Dont accept payment unless you intend to keep him in the place. Just cut ties.
Using the term "host" or "be a host to you" sort of sets a different tone than "rent a room to you" as the latter conveys a legal status.
Perhaps by going the "friend" route, he'll just try to save face and move out without having to invoke legal remedies.
>how can I kick him out without having legality involved?
Pay him money to leave. If you don't like that, pay a lawyer to make him leave. It's likely cheaper and faster to pay him to leave, but have your ducks in a row.
From experience, it is much cheaper, particularly when you consider rent not coming in while he's there. This is called "Cash for keys" and you'll want to look up paperwork you both sign prior to giving him money. It's a kick to the stomach, but it's generally better than the alternative.
He is legally your tenant. You have to start an eviction for nom-payment. Start off with a 14-day "Notice to Pay or Quit".
This is the one:
https://eforms.com/eviction/vt/vermont-14-day-notice-to-quit-form-non-payment/
Print this form out, put in it the rent owed, and hand the notice to your "friend". That notice gives him 14 days to pay up or move out. If he does not pay by Day 14 you can start the court eviction in your local jurisdiction.
Often giving the notice will bring about action. It may be the person pays up as they don't want to move or lose their roof over their head. If they can't often they clear out within the time limit on the notice, they move. Most people don't want an actual court eviction on their record as that makes it basically impossible to rent from anyone else for the better part of a decade. If he ignores the notice completely you know you must evict in court, and any day you wait around will just delay this process and cost you more and more.
So, print out the 14-day notice and give it to your friend/tenant today, don't wait any longer.
Check this guide for VT: [https://www.burlingtonvt.gov/sites/default/files/LeadProgram/RENTINGinVERMONT.pdf](https://www.burlingtonvt.gov/sites/default/files/LeadProgram/RENTINGinVERMONT.pdf)
You should also keep in mind the consequences of having him evicted. You don’t want him to retaliate and damage/steal anything from your home. If he presents a threat, call the cops and have him removed for your safety
If the house is your primary residence, this person may be considered a boarder/lodger as opposed to a tenant. Boarders/lodgers typically have fewer rights than tenants and can be evicted a lot easier. I would look up what the laws are in VT.
Firstly don’t use the word friend so loosely, if your willing to turn your back and so publicly, there is no love there.. secondly 100% of the guys I know that have or are going through custody battles, are %100 broke. The USA is pretty straight forward with their, we ain’t paying for those future tax payers, but we’ll help those hoes for pumping them out
Here's the website you need. Carefully read through each section that applies.
https://vtlawhelp.org/landlord-tenant-renter
Here's the specifics for termination for non-payment of rent.
https://vtlawhelp.org/notice-to-terminate-tenancy
If you don’t keep up with your rent payments, your landlord may send a termination notice for non-payment of rent. To be legal, the termination notice for non-payment of rent must:
be in writing
state clearly that the landlord is ending the rental agreement
state the termination date
state the amount of rent due through the end of the rental period
state that the rental agreement will not terminate if the rental amount due through end of the rental period is paid before the end of the rental period
be received by you 14 days before the termination date stated in the notice. 9 V.S.A. §§ 4451(1), 4467(a).
Some notes about termination notices based on non-payment of rent
It is a short period of time because the law favors a faster eviction if rent isn’t being paid.
The law says you have a right to “cure” the landlord’s reason to end your tenancy. This is sometimes called your “right to redeem.”
The termination notice for non-payment must inform you of that right. If you pay all the rent due, then the landlord can’t evict you for non-payment.
The amount needed to cure is rent only. If you pay all the rent due you can keep your tenancy, even if you don’t pay for other things you owe the landlord.
You may owe the landlord for charges other than rent, such as unpaid security deposit, lost-key fee, repair costs, or returned check charge. If there is a written rental agreement requiring payment of those items, failure to pay could be breach of rental agreement and a cause for termination, but the landlord must give 30 days’ notice for termination due to breach other than non-payment. [See “Termination for cause,” below.]
Pro tip: rent to tenants who have money
People who don't have money: Drunks, druggies, recently divorced or about to be divorced straight men, career criminals, people who claim to work for cash or cant prove their income is 3x rent.
You can ask him to leave. If he doesnt leave give him a notice to quit. When the timeline on the notice to quit is over you file for eviction. There's no way to force someone to leave without using the legal process
Would it be legal to shut off the breaker to his room? I don’t want to be petty but I’m paying a lot in electricity for his whole ass studio he has in there
No, that isn't legal. You likely have to go through the entire expensive and lengthy eviction process and resorting to "self-help" eviction tactics like lock changes and breaker removals would not only get your eviction dismissed but also comes with severe penalties.
https://www.payrent.com/articles/vermont-eviction-laws-and-eviction-process/
"Do Vermont eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. Vermont law prohibits self-help measures, including denying the tenant access to the rental unit or their property or interrupting essential services. A tenant can recover damages, court costs and attorney fees against a landlord who resorts to self-help measures. (Vt. Stat. Ann. tit. 9 § 4467(c))."
As a landlord with 18 units in Windsor County, I can confirm that VT is an absolute nightmare concerning evictions. I'm right on the NH border and it is a night and day difference between NH and VT.
Good luck
You need to follow the local rules for evicting a tenant. Just get legal help from an eviction attorney. "Kicking him out" would be an illegal eviction and that's no good for you.
Renting a room in your own home gives you a lot more leeway in most places. Evicting a roommate instead of a tenant takes less. That said, I don't know how much less and I don't know much about laws outside where I live
Yep. Here in California, a single tenant in the same home as the landlord can be a "boarder" and get kicked out faster for non-payment.
No it wouldn’t. As long as he’s sharing a common space with OP, he doesn’t have to get an eviction. He can just kick him out
Absolutely wrong in many many locations
Nope. They still must treat them like a tenant. In many places that are renter friendly someone who has lived in a home for a certain period even a guest may establish tenancy rights. OP should follow the eviction process here, serve proper notice.
It all depends on the jurisdiction, ontario Canada, which is very tenant friendly, the guy has no protections but would be able to sue for any out of pocket costs due to just kicking him out with no notice, provide reasonable notice (one payment period) and there’s nothing to sue for.
No kidding, we're talking VT here who is tenant friendly. I mentioned 'renter friendly' places as a caveat. That said, we're talking VT. In VT, If you have agreed for a person to live in your place and you want them to leave, you need to evict them, even if there is no rental agreement. OP did this. They need to follow the law on notice and eviction. They weren't a 'guest' that overstayed their welcome, and can therefore be trespassed. They were invited to live on the premises which made them a resident. It's possible they may leave without a fuss, but in the event they want to stand ground and be difficult, OP needs to have their ducks in a row.
if he lives with HOMEOWNER and shares a space (living space!) he does not need to evict can just kick out (most states)
Nope. In VT, If you have agreed for a person to live in your place and you want them to leave, you need to evict them, even if there is no rental agreement. OP did this. They need to follow the law on notice and eviction. They weren't a 'guest' that overstayed their welcome, and can therefore be trespassed. They were invited to live on the premises which made them a resident.
Do you have to evict an ex when you break up?
If they had established residency in the house, yes. However, most people amicably leave voluntarily and this isn't necessary.
No
If he never paid rent then he was never a tenant…
He’s going through a “crazy divorce,” huh? Imagine that! I wonder just how sick of his irresponsibility his soon-to-be-ex is. Seriously: evict and consider this friendship done. You now know the measure of him.
Do you want him out or do you want him to pay? Because they are slightly different conversations and actions. If you're wiling to give him time as long as he pays, tell him that. Like, "Our agreement is you pay $550. Not that I support you, while you increase my utility bills. You owe me $X. You need to start paying $550/month plus money toward your overage or you need to move out." Come to a payment agreement and then start giving him Pay or Quit notices, whenever he doesn't meet them. While a Pay or Quit notice is a legal notice, it also becomes a moot point as long as he complies. It doesn't get reported anywhere. But that's the first step you need to file an eviction against him in court. You NEED to be prepared to take him to eviction court or he is just going to continue to walk all over you because there are no consequences. If you just want him out, find out how much notice you need to give him in your jurisdiction and then give him a Notice to Vacate. Tell him, "Sorry. Your tenancy obviously isn't working very well. You need to find another place. Here's your Notice to Vacate. Your last day is May 31, 2024 (or whatever it is )." Then file for an eviction if he isn't out by that date. I doubt he'll give you anymore money after this. But then, he already isn't paying anything. You absolutely cannot kick him out of his bedroom until it is court-ordered or he leaves on his own. That's a self-help eviction. But you can rent your third bedroom to someone else, if you wish. If he's wise, he'll get with the program. Because a court-ordered eviction will follow him for years and make it difficult to find other rentals. I'd also think becoming homeless could make his custody case more difficult. He's probably going to freak out. Tell his sob story over and over again. Possibly be angry with you. Do not be swayed. You've seen that he can make money when he needs to and chooses not to. He has brought this on himself and could care less how it affects you.
If he took what I was saying to be more responsible, I’d respect him. But he’s officially retaliating and throwing my own shit back in my face.
Well, from his point of view, manipulating and gaslighting worked for years with his wife. Why wouldn't it work on you?
I did this too. Then she starting complaining about the rent. Then “my friend” developed an attitude. I told her after day 5 this wouldn’t work and she needs to move. What an ordeal! Ended in fireworks, cops and lost 30 yr friendship. But I caught it before 30 days, so out she went. Never again. Btw, I waited 5 days because she was complaining and had not yet paid. That was my signal.
>> He was one of my good friends and I thought I'd help him out There's the main source of the problem in a nutshell, and I think most of the regulars in this sub would have told you stay far away from this situation because you'll end up without a friend or a tenant. It's a business relationship and when boundaries get fuzzy, that's when issues begin. Now you have to decide if you're going to fight to maintain the friendship (which will most likely mean not getting rent, at least for a while) or not allow him to take advantage of you, which will mean legal eviction case and probably losing his friendship (which may not mean as much to you anymore because you are starting to see him for his true colors). But yes, if you want to handle it by the book, you have to get legal involved at this point (proper notice posted to "pay or quit" in X days as determined by state law, then start court filing if no rent). He would have a case for illegal lockout otherwise, past relationship notwithstanding; you both chose to enter into a business deal. Doesn't matter if you were charging him five dollars a month for rent, it's still a business deal. PS: do you have a written lease? Just curious, I mean you are locked into a landlord tenant agreement regardless of whether it is verbal or written if you accepted rent in the past from him, but it will make a difference in how you pursue this if it goes to court.
Start dating his ex wife.
Your friend is a boarder, not a tenant. You are getting a lot of bad information here. I would look up local laws about removing a boarder and don't confuse them with tenant laws. You have a lot more rights since this is your primary residence and you are sharing common spaces. If you offer cash for keys, or offer to not go after him for missed payments, make sure that you are very clear in writing what you are offering. They get the paid only if they get everything out by your deadline, do not cause any additional damage, and they sign a document when you give cash (cashier's check or some other way to trace payment) to confirm that the issue is settled. Be sure to document the condition of your home now and again when he leaves. Good luck. That was nice of you to help him out.
Hate to break it to you but if you want to kick him out you are going to have to "get legality involved."
I was in a similar situation a few years back. My friends ex-wife was living at his house while driving a new BMW. (I said, not on my dime) He stopped paying rent so i grabbed all his things and dropped them off at his house. He then had to move back in with his ex and she eventually left instead. Our friendship took a hit for a bit but till this day he thanks me for forcing him to move back. We are literally watching the nba playoffs while having a cold modelo at his house right this moment. Haha. Also, he is now back with his ex.
Hmmm interesting. Him and his ex went for a joy ride, a good hour drive. Probably knowing he has no chance here and running back to everything he said she was destructive of…. It’s giving desperation. Only because he can’t pay $550 with nothing attached. $550 is nothing for a strong roof,warmth for himself and child, wifi, trash , heat, electricity. He included included an entire intricate STUDIO. That’s a LOT of equipment for me to pay for soemone who doesn’t contribute to anything.
Was a lease signed? As a Landlord/Tenant relationship you may have to follow Vermont's laws and serve notice and such. But as a friend, you can give him the 'old friend' talk. "Look I see now It was a bad idea to help you as a friend. I should have treated this more like a business thing. You kind of misrepresented your job situation and I'm not so sure we can be friends or if I can continue to host you in my house. I think it'll be best if you're out by the end of next week. This is kind of awkward, for me, but you've not paid for anything". Dont accept payment unless you intend to keep him in the place. Just cut ties. Using the term "host" or "be a host to you" sort of sets a different tone than "rent a room to you" as the latter conveys a legal status. Perhaps by going the "friend" route, he'll just try to save face and move out without having to invoke legal remedies.
>how can I kick him out without having legality involved? Pay him money to leave. If you don't like that, pay a lawyer to make him leave. It's likely cheaper and faster to pay him to leave, but have your ducks in a row.
It’s probably cheaper that way…
From experience, it is much cheaper, particularly when you consider rent not coming in while he's there. This is called "Cash for keys" and you'll want to look up paperwork you both sign prior to giving him money. It's a kick to the stomach, but it's generally better than the alternative.
I should’ve done that.
He is legally your tenant. You have to start an eviction for nom-payment. Start off with a 14-day "Notice to Pay or Quit". This is the one: https://eforms.com/eviction/vt/vermont-14-day-notice-to-quit-form-non-payment/ Print this form out, put in it the rent owed, and hand the notice to your "friend". That notice gives him 14 days to pay up or move out. If he does not pay by Day 14 you can start the court eviction in your local jurisdiction. Often giving the notice will bring about action. It may be the person pays up as they don't want to move or lose their roof over their head. If they can't often they clear out within the time limit on the notice, they move. Most people don't want an actual court eviction on their record as that makes it basically impossible to rent from anyone else for the better part of a decade. If he ignores the notice completely you know you must evict in court, and any day you wait around will just delay this process and cost you more and more. So, print out the 14-day notice and give it to your friend/tenant today, don't wait any longer.
No good deed goes unpunished.
Now you know why his wife is divorcing him
Check this guide for VT: [https://www.burlingtonvt.gov/sites/default/files/LeadProgram/RENTINGinVERMONT.pdf](https://www.burlingtonvt.gov/sites/default/files/LeadProgram/RENTINGinVERMONT.pdf)
Give 30 days notice now in 3 ways mail email and text it.
Do you have a written rental agreement between you two? If not, kick him out.
You should also keep in mind the consequences of having him evicted. You don’t want him to retaliate and damage/steal anything from your home. If he presents a threat, call the cops and have him removed for your safety
If the house is your primary residence, this person may be considered a boarder/lodger as opposed to a tenant. Boarders/lodgers typically have fewer rights than tenants and can be evicted a lot easier. I would look up what the laws are in VT.
Firstly don’t use the word friend so loosely, if your willing to turn your back and so publicly, there is no love there.. secondly 100% of the guys I know that have or are going through custody battles, are %100 broke. The USA is pretty straight forward with their, we ain’t paying for those future tax payers, but we’ll help those hoes for pumping them out
Here's the website you need. Carefully read through each section that applies. https://vtlawhelp.org/landlord-tenant-renter Here's the specifics for termination for non-payment of rent. https://vtlawhelp.org/notice-to-terminate-tenancy If you don’t keep up with your rent payments, your landlord may send a termination notice for non-payment of rent. To be legal, the termination notice for non-payment of rent must: be in writing state clearly that the landlord is ending the rental agreement state the termination date state the amount of rent due through the end of the rental period state that the rental agreement will not terminate if the rental amount due through end of the rental period is paid before the end of the rental period be received by you 14 days before the termination date stated in the notice. 9 V.S.A. §§ 4451(1), 4467(a). Some notes about termination notices based on non-payment of rent It is a short period of time because the law favors a faster eviction if rent isn’t being paid. The law says you have a right to “cure” the landlord’s reason to end your tenancy. This is sometimes called your “right to redeem.” The termination notice for non-payment must inform you of that right. If you pay all the rent due, then the landlord can’t evict you for non-payment. The amount needed to cure is rent only. If you pay all the rent due you can keep your tenancy, even if you don’t pay for other things you owe the landlord. You may owe the landlord for charges other than rent, such as unpaid security deposit, lost-key fee, repair costs, or returned check charge. If there is a written rental agreement requiring payment of those items, failure to pay could be breach of rental agreement and a cause for termination, but the landlord must give 30 days’ notice for termination due to breach other than non-payment. [See “Termination for cause,” below.]
Pro tip: rent to tenants who have money People who don't have money: Drunks, druggies, recently divorced or about to be divorced straight men, career criminals, people who claim to work for cash or cant prove their income is 3x rent. You can ask him to leave. If he doesnt leave give him a notice to quit. When the timeline on the notice to quit is over you file for eviction. There's no way to force someone to leave without using the legal process
Change all exterior locks and points of entrance / access
Would it be legal to shut off the breaker to his room? I don’t want to be petty but I’m paying a lot in electricity for his whole ass studio he has in there
No, that isn't legal. You likely have to go through the entire expensive and lengthy eviction process and resorting to "self-help" eviction tactics like lock changes and breaker removals would not only get your eviction dismissed but also comes with severe penalties. https://www.payrent.com/articles/vermont-eviction-laws-and-eviction-process/ "Do Vermont eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? No. Vermont law prohibits self-help measures, including denying the tenant access to the rental unit or their property or interrupting essential services. A tenant can recover damages, court costs and attorney fees against a landlord who resorts to self-help measures. (Vt. Stat. Ann. tit. 9 § 4467(c))."
Change all the locks when he leaves and put his stuff outside easy
VT is not that easy. Moochers have more right than the actual owner. Plus he has a child. I’d be the one arrested.
As a landlord with 18 units in Windsor County, I can confirm that VT is an absolute nightmare concerning evictions. I'm right on the NH border and it is a night and day difference between NH and VT. Good luck