Living with roommates comes with its share of benefits. It essentially cuts your rent payments in half, chores can be split multiple ways, and you always have someone to talk to. But sometimes the relationship can take a turn for the worse. If you’re stuck with a problematic roommate, it may be time to resort to legal measures to get them out. Whether you’re sharing an apartment in Portland, OR or splitting rent on a Nashville rental, we’ll show you how to evict your roommate.
Can I evict my roommate?
The short answer is yes, but there are conditions. First, you must typically have a valid reason, like unpaid rent or property damage, to justify an eviction. If your roommate is on the lease, only the landlord can initiate a formal eviction process, which includes issuing an eviction notice and potentially going to court. For roommates not on the lease but under a separate agreement with you, you can usually start with a notice to vacate if they’ve violated the agreement.
How to evict your roommate from your apartment
Step 1: Determine the reason for evicting your roommate
Before you initiate a conversation about evicting a roommate, you need to establish legitimate reasons. Why does your roommate need to leave? Straightforward ones, like failing to pay their share of the rent or utilities, are easiest to navigate. Whatever the reason, make sure the issue rises to the level of warranting an eviction.
Step 2: Try asking them to leave
Once you’ve established a reason for the eviction, the next step is to have a conversation with your roommate about the matter. It may seem simple, but it’s the logical next step. If you’re this unhappy with the living arrangement, it’s time to be direct, even if you’ve already tried to resolve things before. If things still aren’t working, then it’s time to start the conversation about asking them to leave.
Step 3: Consider your rental situation
Double check your lease to clarify your status, noting whether you are co-tenants or whether you allowed your roommate to move in without the landlord’s permission. If the latter is the case, this situation becomes much more complicated. If the landlord finds out that you’re sharing the apartment with a roommate who isn’t on the lease, this could spell trouble for you.
Step 4: Involve the landlord
If asking your roommate to move out doesn’t work, it’s time to get management involved. Your landlord will have more sway if your roommate refuses to budge, particularly if terms of the lease have been violated. In cases of serious lease violations, your landlord can pursue an eviction, which may make resolving the situation easier for you.
Step 5: Issue a formal eviction notice
If your roommate is on the lease and refuses to leave, you’ll need to involve your landlord to initiate a formal eviction. Since they are a co-tenant, the landlord must have legal cause to proceed, such as a violation of the lease terms (e.g., unpaid rent or property damage). You can make your case to the landlord and provide any documentation, but ultimately, the landlord controls the eviction process.
However, if your roommate is not on the lease, you can issue a formal notice to vacate, similar to a tenant-landlord eviction notice. Most states treat roommates without a lease as month-to-month occupants, so you would typically give them 30 days to move out.
Key Steps for Either Scenario:
- Document grounds for eviction: Whether it’s a lease violation for a co-tenant or a breach of a separate agreement for a non-lease roommate, gather evidence.
- Check local laws: Eviction processes can vary, so review state and local guidelines or seek legal advice.
- Serve notice if not on lease: For roommates without a lease, provide a formal notice detailing the move-out date and reasons for vacating. Include notice dates and give 30 days unless local laws require otherwise.
- Request landlord action if on lease: Communicate with the landlord, as they have the legal standing to proceed with an eviction of a co-tenant.
If your roommate still refuses to move out and the landlord is involved, the process may go to court, so keep records of all conversations, documentation, and evidence of any violations.
A final note on evicting a roommate
It may be a stressful and painful process, but its important to know how to evict a roommate in case it becomes necessary. While it may increase the financial burden, you’ll finally have some peace of mind. You can always find another roommate, and hopefully they won’t come with the same red flags as the last one.
This content is for educational purposes only and does not constitute legal advice.
Source: rent.com