This is a condensed version of an article that originally appeared on Zillow
He’s messy, his rent is always late, and now he “lost” his pet scorpions somewhere on the premises. In other words, it’s high time for your roommate to hit the road.
But how to get him out? Legally speaking, can one tenant kick the other to the curb based on a few common lease violations? And, if so, what is the least-stressful way to accomplish this feat? Below are several tips and techniques for effectuating a lawful roommate eviction, as well as conduct to avoid at all costs—or you may find yourself on the curb.
Communication is key
As in any relationship, lack of clear communication between roommates could be the downfall of an otherwise promising cohabitation situation. When a problem first arises, talk it out. Perhaps the roommate is under unusual stress, isn’t aware of the rules, or just needs a little coaxing to meet obligations. Hopefully, this tactic will calm the waters.
But if not, it may be time to bring the landlord in on the conversation. If the roommate is engaging in clear violations of the lease agreement, the landlord should be notified immediately, and the violations should be clearly documented through pictures and thorough descriptions. Assuming the roommate is a tenant of record (more on that below), he or she maintains a distinct legal relationship with the property owner or landlord and must abide by the terms of the lease. While general messiness is not usually cause for eviction, late rent payments and unapproved pets likely are, so alert the landlord immediately. He or she can commence the eviction process under your state’s landlord-tenant laws.
Off-the-record roommates
This issue can become much more acrimonious if the roommate is not a tenant of record (i.e., an inhabitant who has not signed a lease agreement). In essence, this person has no legal duty or obligation to the property, its owner, or its lessee (you), so state landlord-tenant laws do not apply. Accordingly, it may be time to seek an alternative legal remedy to essentially force the unwanted squatter to leave. However, and this is key, you cannot physically force a roommate out the door by pushing them or throwing belongings on the sidewalk below.
Most states have enacted a more civilized approach to this sticky issue, which provides the unwanted guest the right to notice and due process. In many states, a roommate must first be put on notice that he or she is no longer welcome. To accomplish this, a simple one-page statement declaring that the roommate arrangement has ended should suffice. Further, provide the roommate with a deadline for leaving, which usually must be at least 15-30 days from the date of the notice. Lastly, as much as you might like to avoid actual interaction, be sure the roommate actually receives the document.
Hopefully, the roommate will take a hint and exit the premises gracefully in a timely manner. However, if this does not happen, it will be necessary to file a petition for eviction in your local court, which is likely the same court that handles formal landlord-tenant matters. By allowing the roommate to remain on the property sans lease for as long as you did, you actually created a month-to-month oral tenancy agreement, which must be undone using proper legal channels.
Read more on rental property evictions, and lease agreements, and read the full article on Zillow.com to learn about:
- Next steps after filing your petition to have your roommate evicted
- How soon you can have your roommate removed after having a petition granted
- When you may have to call the cops
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