November 2008 Weddings
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
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Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Help Please!
My cousin wants to kick her roommate out. His name IS on the lease, but he's recently become VERY violent. He went after my cousin this past weekend and started in on her again last night. This persons brother also lives in said apartment with them.
Because his name is on the lease, she can't just kick him out right? or can she?
Re: Help Please!
I would think your cousin couldn't just kick him out becasue he IS on the lease. But [your cousin] should go to the police and have a restraining order put on him and ask them what [your cousin] can do about the situation. They may say he can be kicked out, or give [your cousin] another solution.
If I were your cousin I would just move. Considering said persons brother lives there also. How is the brother in all this, is he staying out of it, taking sides?
They might try going together and talking to the police or a lawyer to see what could be done. It may be that their parts are greater than his and they could have him pushed off the lease. IDK.
I hope they do something before someone gets hurt.
They need a restraining order. Each state has slightly different laws for this, but straight off, she and the brother should go to the police and file a report for violent and intimidating behavior or assault. Now, these may lead to arrest, so it must be carefully considered. Around here, you have to establish a history of violence before they will consider granting a restraining order, unless there is a direct assault. The restraining order (is a flimsy thing, but) is a very nice thing to have when you do call the police for violation of proximity (ie, the roommate can't come back to the apartment - even though he is technically responsible for rent).
I found this for NY, and I'd guess most states are similar:
http://www.lawny.org/?option=com_content&task=view&id=137&Itemid=1
Which says:
If both cohabitants are parties to the lease, one cannot evict the other. However, if the other has committed a criminal act or a family offense (including harassment or disorderly conduct), the other tenant may be able to obtain an order of protection (issued within 24 hours) from Family Court or a criminal court, ordering the other abuser to stay away from the other tenant?s home. A sympathetic landlord could evict the other tenant if there were grounds, or could terminate a month-to-month tenancy of only one of the tenants.
She may be able to convince the landlord to act or to at least let her out of the lease. I know it's her home, but she may want to consider staying somewhere else to prevent further violence toward her.
Calling the police to the residence will get him arrested - atleast in NY. Everything depends on your state law regarding eviction. For instance here it doesn't matter if your name is on the lease or mortgage, if you have established residency than you have to be evicted from the residence and that is a 30 day window. So even if the landlord can evict him there may be a pretty lenient window for him to do more damage.
If P calls home tonight I will ask him about it but like I said every state is going to be different
Ditto what everyone else has said. It also might be a good idea to call the police so if your cousin and the brother go for a restraining order, it will show evidence that there's been a problem in the past. Or they can show the police report and documentation from the leasing office that they've spoken to the landlord about what to do...just to help show that they're not willy-nilly going to get a restraining order.
Only b/c I live in documentation, and I'm all about CYA (cover your a$$).