Zillow Advice: Rentals - Tenant / Occupant Problems Need your advice ASAP please! http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ Zillow Advice | Zillow Real Estate Whether or not the law distinguishes ... http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ Whether or not the law distinguishes between "tenant" and "occupant" is something you will have to investigate with a lavvyer in your state, as well as how those two terms affect rights for a shared living situation. &nbsp; I've always been told (as a landlord) if three unrelated parties sign the lease, all three are equally responsible (i.e. responsible for the entire rent should one of the three stop paying).&nbsp; I've not&nbsp; heard words to distinguish&nbsp; "tenant" vs "occupant" in my state, but that doesn't mean it doesn't exist.&nbsp; &nbsp;&nbsp;&nbsp; Therefore, you will need to know the laws of your state.&nbsp; None of us can give you legal advice<br/><br/>Why should you pay him the $1250 that he deposited?&nbsp;&nbsp; You want him out?&nbsp; You make it worth his time with as little confrontation as possible.&nbsp; As you are responsible tenants, you will get it back when you move out.&nbsp; It isn't a gift. <br/><br/>Can you raise his rent?&nbsp; You aren't his landlord, what was agreed on the contract?&nbsp; You can stop him eating your food (lock it up).&nbsp; You can lock your personal possessions in a safe spot in your room.&nbsp; You can probably take your furniture out of his bedroom and place it in storage (confrontational). &nbsp; Once again, talk with your attorney before taking any actions.&nbsp; &nbsp; <br/><br/>It is very easy to get into an ugly fighting match in situations like these.&nbsp;&nbsp; That is something you really really wish to avoid.&nbsp; It may be useful to hire a mediator (less expensive than an attorney).<br/> Mon, 10 Dec 2012 20:55:00 GMT http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ 2012-12-10T20:55:00Z I appreciate both your advice.&nbsp;-wetdawgsIt ... http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ I appreciate both your advice.&nbsp;<br/><br/>-wetdawgs<br/><br/>It has been confirmed that C has been stealing. We want to resolve nothing with him, we (Z &amp; B) will not accept a roommate that steals from us (we have video confirmation that he has, we set traps to confirm our suspicions). &nbsp;<br/><br/>In the case of the deposit, because of so many of C's complications, we were assessed a double deposit of $2500. Bc Z and B would not have had the extra expense we split the first 1250 3 ways, and made C pay an additional 1250 because that expense was caused by his situation. So for deposit, B and Z put down $416 each, and C put down $416 plus $1250. Why would we pay him off now?<br/><br/>SoCal_Engr<br/>We like your thought on the dual approach, those were ours as well. I think its a good idea to give some incentive to move.<br/><br/>Now what I really need to know is what rights do B and Z hold as tenants that C, an occupant, does not? <br/>Are we liable for his actions? If this is the case, would it be unreasonable to raise his rent to compensate for his lack of liability and make staying an unpleasant option? Mon, 10 Dec 2012 20:29:00 GMT http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ 2012-12-10T20:29:00Z For what it's worth, the ... http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ For what it's worth, the approach that has the most likelihood of success (defined by the roommate willing moving out without any confrontational moments) is to make it more worthwhile for them to move than to stay (i.e., pay them to move).<br/><br/>To lay out any argument along&nbsp;the lines of "here's why we want you to move out, and here's why it's such a reasonable proposition" is a non-starter. Aside from natural self-preservational instincts, it doesn't sound like 'C' is the type of person to accept such a propostiion with grace.<br/><br/>So, I'd present it to 'C' as a fait-accompli, with a "hard way" and "easy way". And, I'd make the "easy way" as tempting as possible (i.e., forgiveness of any debts, cash to asssist with move-in to another place, etc.) - and hold back the "hard way" (i.e., repayment of all debts, filing of complaints, etc.) as a fall-back in case 'C' is not open to&nbsp;"the easy way". This is all based on the stated goal of getting 'C' to move with as little confrontation as possible - and also as quickly as possible (i.e., these things never go well when allowed to fester without some sort of forward motion).<br/><br/>Whatever else, if you and 'B' show any indecision, or either of you attempt a "boy, don't really want to do this, but" attitude - you'll both likely regret the action and consequent results.<br/><br/>Good luck. Mon, 10 Dec 2012 05:49:00 GMT http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ 2012-12-10T05:49:00Z What you describe is not ... http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ What you describe is not an uncommon room-mate sort of conflict.&nbsp;&nbsp; Landlord/tenant laws don't protect three individuals who have chosen to be roommates from each other therefore you'll have to work through this carefully. &nbsp; <br/><br/>As roommates, it is useful to sit down and have group meetings periodically to review how everything is going (even when everything appears to be hunky dory).&nbsp;&nbsp; Work extraordinarily hard not to blame or accuse.&nbsp; State what is known as facts.&nbsp; <br/><br/>Possible agenda items:<br/><br/>1.&nbsp; Splitting and sharing expenses of groceries.&nbsp;&nbsp; How does everyone feel it is going?&nbsp;&nbsp; What could be done better? <br/><br/>2.&nbsp; Splitting and sharing expenses of items such as furniture.&nbsp; If you are going to ask someone to move out, perhaps this is not the time to bring it up. <br/><br/>3.&nbsp; Missing items (don't blame someone for stealing, describe the facts such as "I am missing the diamond ring that I had in my top drawer" or "every evening I put my spare change in a cup on my dresser and the next evening it is gone.&nbsp; Does anyone know what is happening?".&nbsp;&nbsp; (Lock up the valuables. Be proactive, not reactive). <br/><br/>4.&nbsp;&nbsp; Behavior while intoxicated.&nbsp; Be careful to focus on the behavior, not the individual.<br/><br/>5.&nbsp;&nbsp; Is everything working out?&nbsp;&nbsp;&nbsp; For ALL parties to contribute Z, A, &amp; B<br/><br/>Have a plan - if you split the deposit when you moved in, the two who remain must pay back the one who leaves (perhaps you can agree with accounting that he owes you for some groceries.&nbsp; detail it to the penny to save yourselves grief in the future).&nbsp;&nbsp;&nbsp; If there was an extra deposit, you'll need to negotiate that between the three of you (the landlord is not likely to return it until you move out).&nbsp;&nbsp;&nbsp;&nbsp; <br/><br/>If the lease is up soon, it is possible it will be easier to not renew the lease and move on.&nbsp; <br/><br/>Good luck. <br/><br/><br/><br/> Mon, 10 Dec 2012 05:44:00 GMT http://www.zillow.com/advice-thread/Tenant-Occupant-Problems-Need-your-advice-ASAP-please/470862/ 2012-12-10T05:44:00Z