遇到奇葩室友,如何把他扫地出门?
对于刚毕业的工作狗来说,租房找合租室友是比较划算的办法了。但是合租中难免会遇见一些奇葩室友,比如说,暴力狂、暴露癖、嘿嘿嘿、脏乱差。
忍无可忍,无需再忍,小编今天教你怎么把奇葩室友扫地出门。
第一步启动驱逐计划
1
Check your lease and determine your rights and responsibilities. Before you do anything, you need to take a really good look at your lease. Study it carefully and determine what your rights are. Terms for eviction will always be laid out in the lease. Depending on your position as a tenant or as landlord, you will have different resources and options. Consider:
仔细查看租约中的权利与义务事项。在行动前,你必须认认真真地检查你的租约。审视后搞清楚你有哪些权利。应当在租约中,写明驱逐计划的各项条款。以上取决于你的身份,房东和租客面对这类事件时,所拥有的资源和可采取的措施是不同的。参考如下:
If you’re the landlord and your roommate is a tenant, you are in a much better situation than if you were not the landlord.
你作为房东、室友为租客时,你处于优势地位。
If you’re both co-tenants, your roommates’ violations of the lease might also put you in jeopardy of being evicted.
若你与室友同为房东,而室友违反了租约,那么你也可能面临被驱逐的危险。
If your roommate is not on the lease and you allowed them to move in without permission form the landlord, your situation is a bit more precarious.
若租约中并未包含你的室友,而你在未经房东许可的情况下私自带室友同住,那么你所面临的后果就不是很确定了。
If you’re not on the lease and your roommate is, you probably have little recourse to have someone evicted.
若你未在租约之上,而你的室友为租约上的租客,那么想要将他扫地出门,恐怕没那么容易。
2
Determine cause for evicting your roommate. Often times, you can’t just evict a roommate because you don’t like the person anymore. You have to actually have a legal cause that is covered in the lease agreement that the person signed. If there was no lease agreement, then you need to have sufficient legal cause to evict the person. Causes might include:
决定以何种理由将室友扫地出门。通常,你不能因为不喜欢你的室友,就把他赶出去。你需要切实出于法律上的缘由,且该条款需出现在租约合同上,并经由对方签署。若无租约合同,那么你需要找到充分的法律原因,才能赶他出去。法律原因可以包括:
Your roommate is no longer paying rent under the terms of the lease.
室友不再支付租约规定下的租金。
Your roommate has been engaging in illegal activities at your home. This could include drugs or violence.
你的室友在租屋中从事毒品、暴力等违法活动。
Your roommate has caused damage to your home and has not taken action to fix it.
室友对租屋造成了破坏且并为进行弥补。
Your roommate has broken other terms spelled out in the lease agreement and has taken no action to fix the problem.
室友违反了租约中的其他条例且未进行补救。
3
Talk to your roommate. After you’ve taken a good look at your lease and know you’re position, you should talk to your roommate about him or her leaving. Most rational people will respond to this approach and leave, if they can. If you initiate eviction without talking to your roommate first, you’ll likely upset them and they might dig in just to spite you.
和室友摊牌。仔细查看租约、明确双方身份后,就该和室友摊牌了。大部分理性的人都会选择离开。若你事先未和室友进行沟通,你可能会伤了他们的心,他们甚至可能会玩失踪,来故意刁难你。
Ask your roommate to talk. At an opportune and calm moment tell them you have "something serious to talk about."
和室友沟通。找一个天时地利、风平浪静的时候告诉室友,你有“很严肃的问题想和他们聊聊。”
Instead of telling them you'd like them to get leave, explain to them your feelings and your position. Tell them that whatever they've done or is doing has put you in an "uncomfortable position" and that you are unhappy.
注意,不要对室友说,你巴不得他们走。你应当动之以情,晓之以理,告诉他们你的感受和处境。告诉他们,他们所做的、正在做的事,让你觉得“不自在”,不开心。
Avoid accusations and talk in terms of your feelings. Never make unsubstantiated charges.
不要因你的消极情绪而对室友口诛笔伐。不要做无根据的谴责。
Be polite and do not insult them. Tell them you'd really appreciate it if they would respect your position and help you remedy the situation. And explain to them that them vacating would be better for both of you. Talk in terms of a "mutual benefit."
礼貌沟通,切勿人身攻击,你应当告诉室友,若他们能感同身受,尊重你的选择,与你一起补救,你会十分感激。告诉他们,他们搬走,对双方都是好事。以“互惠互利”的观点说服他们。
4.
Communicate with the landlord, if you have no ownership interest in the property. If you don’t own the property, you need to initiate communication with the landlord as soon as you decide to take action against your roommate. As the other important legal entity on the lease, your landlord has the right to initiate eviction if your roommate has violated the terms of the lease contract.
若你不是房东,就以上问题与房东进行沟通。若你也仅仅只是租客,在你决定与室友决裂后,应尽快向房东通气。在租约中,房东同样是重要的法人实体,有权在租客违反租约合同时,驱逐租客。
5
Check local and state tenant laws. Before you take any action to actually physically remove your roommate from the property, you need to consult your local and state laws regarding tenant rights. Many localities have laws that give substantial rights to tenants and to people residing in properties they do not own. If you violate these laws, you may give your roommate more leverage against you in your effort to evict them.
查看地方和国家租赁法。在真正将室友扫地出门前,你应当细查相关地方和国家租赁法。许多地区的租赁法,极大程度偏袒租客和非产权所有者的租客。若你不幸违反了这些法律,那么被赶出去的可能就不是他们,而是你自己了。
Tenant laws vary with each state. Your local courts will have information on the specific steps that must be taken to evict your roommate.
各国租赁法各不相同。关于将室友驱逐出去的详细步骤,当地法院都各有规定。
Some cities and states are much more sympathetic to tenants than others. If you’re in one of these jurisdictions, you’ll have a much harder time evicting your roommate.
一些城市和国家对租客怀有迷之同情。若你不幸身处这些地方,那么你的驱赶室友大业就会变得异常艰辛。
6
Gather evidence about your roommate’s activities. In order to aid your eviction effort, you should gather any information or evidence you can about what your roommate has done to warrant his or her eviction. If your roommate is doing something illegal or dangerous in the home, document it. If your roommate has failed to pay rent or contribute to utilities, make sure to save receipts and record any amounts that they have not paid.
收集相关证据。为了顺利把室友顺利赶出门,你要收集尽可能多的信息和证据。若你的室友从事违法或高危活动,你应当将他的行为记录在案。若你的室友不交房租,也不承担其他的一些费用,你应当把收据保留下来,并记录所有他没有支付的款项。
Don’t violate your roommate’s personal space while gathering evidence.
收集证据时,切莫侵犯室友的私人空间。
Don’t spy on your roommate or violate their personal privacy.
切莫监视室友,或侵犯他们的隐私。
Avoid any activities that might induce your roommate to exhibit violent behavior.
收集证据时也应注意自身安全,不要作出会引发室友暴力报复的行为。
第二步采取法律措施
1
Hire a lawyer. Hiring a lawyer might be your best recourse if you’ve talked to your roommate about leaving and he or she still refuses to leave. A lawyer will take the stress off of you and make sure that your effort to free yourself of an unwanted roommate is legal and goes as smoothly as possible.
雇佣一名律师。当你已经和室友摊牌,而室友又拒绝搬出去的时候,请律师是最好的办法。雇佣一名律师,极大程度上缓解了你的压力。律师会将你的所有行动合法化,也会尽量保证计划的顺利进行。
You can choose to pursue legal routes to eviction on your own, but it might be time consuming.
你可以单枪匹马,采取法律途径,然而这种方式耗时良多。
The cost of hiring a lawyer might be prohibitive, so shop around.
请律师的费用可能会很高昂,你可以货比三家。
If you choose not to hire a lawyer to take over the eviction process, you might want to do a 1-time consultation with a lawyer so they can educate you about what you need to do to.
若你不打算雇律师,准备自己独自采取驱逐计划,那么,你可能需要预约律师,进行一次性咨询,以便让律师指导你如何进行下一步行动。
2
Draft an eviction letter, if you’ve chosen to go through with the eviction on your own. Put together an eviction letter to formally give notice to your roommate to vacate the property. This letter will serve as a legal and official representation of your intent. There are several things your eviction notice must say:
若你决定一力完成驱逐计划,起草一封驱逐信。在信中,你应当将所有证据一一列出,警告室友搬出去。这封信件也将成为你的法律和官方信件。你的驱逐通告中,必须包括:
It should include the grounds for eviction and specific lease violations.
驱逐室友的理据,以及室友违反的具体租约条款。
It should outline the amount of time your roommate has to leave. This is typically 30 days depending on the laws of your city or state.
明确室友搬离的期限。通常,根据不同国家和地区的法律,搬离期限为30日。
The eviction notice must include your name and the roommate's name.
驱逐通告中,应写明你和室友的尊姓大名。
The eviction notice must include the address of the home and a room description he or she used (i.e. "2nd bedroom on right, 2nd floor").
驱逐通告中,应写明住宅具体地址,并详细描述你的室友所居住的房间(比如说,室友住在二楼右手边第二个卧室)。
It should include the date the notice was given and the date the roommate is to be out of the house.
通告中,应写明通告发布的日期,和室友搬离租屋的日期。
3
Serve your roommate with the eviction notice. As landlord, you’ll now have to serve your roommate with the eviction notice. This means you’ll present the eviction notice to them. Depending on the local laws, you can do this in several ways. They might include:
和室友摊牌。作为房东,你应当向室友出示驱逐通告,和他摊牌。根据地方法律,你可以诉诸的方式包括:
Hand the notice to your roommate.
直接将通告交予室友。
Post the notice on your front door or on your roommate’s door.
把通告贴在你或室友房门上。
Send your roommate the notice via certified mail.
通过具有证明文件的电子邮件,通知室友。
Some states may require hand delivery of the eviction notice and that you get a written acknowledgment that the roommate has received it. Check your local jurisdictions before serving the notice.
一些国家可能会要求以面交形式传递驱逐通告,而后出示室友已获悉通告内容的书面文件。在通告前,先了解清楚当地的具体规定。
Depending on your state or local laws, even people who are not landlords have the right to serve an eviction notice.
根据一些国家和地方的法律,非房东人员仍然可以开据驱逐通告。
4
Go before a judge, if your roommate refuses to vacate. After you’ve served your roommate with an eviction notice and they have not chosen to leave, you’ll wind up in front of a judge. Here the judge will review your lease, hear your complaint, and listen to your roommate’s side of the story. The judge will then make a decision and rule in favor of you or your roommate.
若你的室友拒绝搬离,抢在法官前面行事。向室友出示驱逐通告后,若室友仍然坚持不搬,那么你就要抢在法官前面行事。法官会审查你的租约,倾听双方的控诉,继而作出判决。
In court, you might have the opportunity to present the evidence you gathered about your roommate's lease violation.
在法庭上,你可以出示关于室友违反租约的一系列证据。
Very often judges decide in favor of the landlord or owner, if they have cause.
通常,在有充分理据的情形下,法官会站在房东或产权所有人一边。
Following the law, documenting your case, and doing everything properly will greatly increase your chance of a happy outcome in court.
遵纪守法、用事实说话、行事有节会大大增加胜诉的几率。
Judges will often provide a certain amount of “reasonable” time for a tenant to vacate after being evicted.
通常,法官会规定承租人搬离的合理时间段。
第三步将室友扫地出门
1
Call the police to enforce the eviction. After you’ve served your roommate with an eviction notice and a judge has ordered your roommate to leave and they’ve still refused, you’ll have to call the police to enforce the eviction.
驱逐行动交给警察。在你出示驱逐通告、法官判定室友必须搬离而你的室友仍我行我素的时候,你可以把驱逐行动交给警察进行。
Do not try to physically remove your roommate on your own.
不要试图通过武力解决争端。
Oftentimes, people usually have 72 hours after a court ruling to vacate the premises.
通常,法庭判定后,室友有72小时搬离租屋。
It might be best to avoid your roommate or at the very least avoid prolonged conversations after a judgement is given by the court.
法庭判定结果后,尽量避免与室友接触或进行长时间对话。
2
Monitor your roommate as they’re leaving. Although you might think you’ve won this whole process, it’s not over until your roommate is gone and you’ve changed the locks. Horrible things can happen in the 72 hour period between a court ordered eviction and the time the person is compelled to leave by law enforcement (unless they leave on their own accord). Your roommate could:
监视室友离开租屋。尽管你已稳操胜券,在你室友彻底搬走、你换锁之前,这场仗还没打完。在上述的72小时中,一切皆有可能发生(除非你的室友自动走人)。你的室友可能会:
Damage your home.
把房子闹腾个底朝天。
Take your personal property.
偷东西。
Try to slander you to your neighbors.
向邻居说坏话。
3
Allow them the allotted time to move out. After you’ve done everything you can to get your roommate evicted legally, you need to also give them the allotted time to vacate the premises. In most situations, someone who is evicted has a certain amount of time to gather their belongings and leave the property on their own accord. Consider:
给他们专门的时间搬家。
在你运用合法手段,把室友扫地出门后,你应当给他们专门的时间来搬家。通常,他们会需要时间来整理东西和财物。比如说:
In many places, people have 72 hours after eviction to leave the property.
许多地方的法律规定,承租人有72小时时间搬离租屋。
If you compel the person to move without allowing them their allotted time, you may open yourself up to a lawsuit.
若你强迫室友搬离,而未给予他们充分地整理时间,你可能会被起诉。
The time a person has to leave after formally being evicted will be outlined by local or state laws or the presiding judge in the case.
国家、当地政府或案件主法官会明确规定搬离时间。
4
Do not overstep your authority as a roommate or landlord. All tenants of a residence, whether they are on the lease or are not, are afforded some rights. Most jurisdictions protect people from being thrown out of their residence or being denied use of their residence without proper review by the judicial system. In many cases there are a number of things you should not do:
不管你是租客还是房东,不要越权。不管租客是否在租约之上,法律都会赋予他们一些相应的权利。通常,当地法律都会保证,除非经司法系统审阅过案件,任何租客不会被无端驱逐或剥夺居住权。大部分情况中,你不应当:
Don’t change the locks. While it might seem like a good idea to simply change the locks, there is a good chance that this will be interpreted by the law as an illegal activity.
换锁。可能你觉得换锁是最简单的办法。但是通常,这会被视为违法行为。
Don’t mess with their stuff. You might be tempted to just throw all of your roommate’s stuff into the street. Don’t do this. It’s illegal in many jurisdictions.
乱扔、破坏室友的物件。你可能会恼羞成怒,一气之下把室友的东西扔到大街上。千万别这样做。在很多地方,这都是违法的。
Don’t turn off the utilities. You may want to try to force them out by turning the power and water off. In many jurisdictions this is illegal.
关闭家电。你可能会想要通过断水断电,逼室友离开。在很多地方,这都是违法的。
If you are in doubt about what you should not do, consult local laws and regulations and/or call an attorney.
若你对自己的权利和义务仍懵懂无知,可以参考当地法律法规,或雇用律师。
希望以上这些方式能够帮助到你们哦~
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