My boyfriend moved in as an occupant on my lease in May 2011. It was agreed that he pay $268 every pay day which is half of everything (rent...

Question

My boyfriend moved in as an occupant on my lease in May 2011. It was agreed that he pay $268 every pay day which is half of everything (rent/cable/light). He paid in May and the first part of June. The second pay day in June, he told me his checking account had been compromised and he also said the same for July. On July 13 he got some work clothes (we work at the same facility), and I have not seen him since that time. He has left 95% of his belongings at the apartment (laptop, clothes, tools, cds). My lease is up in Sept. I want to know how do I make him pay for the June, July, and August rent and how to make him get his belongings. Do I write a certified letter first letting him know what is owed me and to pick up his belongings or do I go directly to small claims court.

Answer

Based on the information you provided, your boyfriend has the status of a "subtenant" and this may be a violation of your lease. That aside, what was the expectation in terms of his length of stay? As long as you? If his occupancy was to be co-terminous (same dates) as your lease, he may be a year-to-year tenant. More likely however he is a month-to-month tenant. While a month-to-month tenancy can be terminated on 30-days' prior notice, that is typically where the tenant IS paying rent. Since he is not, it would appear your best option if you want him out is to give him a 5-day landlord notice of non-payment of rent, and if he fails to pay you will have to evict him by taking him to court - it is a special court and proceeding, not exactly "small claims". If you just want to sue him for the rent, however, and let him stay, you could just file in small claims. Since there are a few facts that an attorney would want in order to help guide you, you should consult with an attorney, but those are the basics.