Maybe your roommate brought the party home, and everyone stayed until 4 a.m. Perhaps you’re tired of a roommate’s coffee mugs in the living room or a mound of unwashed dishes piled high in the sink. What if you two don’t get along? Is it necessary to create an eviction notice for a roommate in these situations?
Whatever the problem is, you’re probably thinking, “Can I evict my roommate?” Evicting a roommate can be a touchy subject, mainly because you don’t want the individual to retaliate. How do you get your roommate to leave peacefully? How to evict a roommate lawfully requires several considerations.
Eviction: When you can and when you can’t evict a roommate
You may have several reasons why you want to evict your roommate. Maybe the individual doesn’t pay rent on time, or perhaps the roommate is messy and driving you insane. For an eviction of a roommate, you need to keep a few points in mind.
In most states, you can only evict a roommate for just cause. You can’t evict your roommate because the person annoys you or you don’t like the individual. You must have a valid reason for how to get a roommate evicted, such as not paying rent, damaging property, or engaging in illegal activity.
You’ll likely need to go through the legal eviction process if you have a written lease, which involves giving your roommate an eviction notice and going to court if the individual doesn’t leave voluntarily.
If you don’t have a written lease, you may still be able to get an eviction notice for a roommate if the individual breaks the rules of your agreement. For example, if your agreement states that rent is due on the first of the month and your roommate is consistently late, you may be able to give the notice to vacate.
Discover a few examples of when you can and cannot evict a roommate:
You cannot evict if:
Your lease specifically names your roommate in it.
In this situation, your landlord must find a just cause, such as breaking a lease, to evict your roommate (your co-tenant).
You can evict if:
Your roommate legally subleases a room in your apartment, and you have just cause to evict the person.
Read your lease to see if your roommate has broken any portion of it, and you’ll have just cause.
Before starting the eviction process, it’s essential to check your state’s laws. Once you know the requirements, you can decide if eviction is the best option.
Check state and city laws if:
- Your roommate did not sign the lease with you, but your landlord authorized the individual to live there.
- Your roommate isn’t on the lease and is an illegal tenant (a tenant the landlord is unaware of or chooses not to be). In this case, kicking someone out who is not on the lease would apply in this scenario.
- Your roommate is a subtenant, meaning the individual has a lease with you (the primary tenant), not the landlord.
- Your roommate is a lodger, meaning the person pays you to live in your home and has no lease.
BEWARE: In these situations, you might be breaking your lease by illegally allowing an unauthorized tenant to live with you. If you come to your landlord for help to evict your roommate, who you have unlawfully been allowing to live with you, you are at risk of being evicted, too. Make sure to speak with a lawyer or your local housing authority before taking action.
Check your lease and laws
Is your roommate signed as co-tenant? Can I evict a roommate not on the lease? Is your roommate legally subleasing?
Your lease can give you a good insight into your rights, what your landlord will allow, and what the individual won’t. Check your lease thoroughly so that you know who has tenant rights.
Every state has different tenant laws stating when you can and cannot legally evict a tenant. Check your state (and city) laws for detailed and relevant information on tenant rights and laws in your area.
Contact your landlord
Contact your landlord and see if your landlord is willing to help you with the eviction. Before you do, ensure you have not broken your lease by hosting an unauthorized roommate in your apartment. Bringing this to a landlord’s attention might be just cause to evict your roommate and you.
Some landlords can be hesitant to intervene in roommate disputes for fear of getting sued. However, if your roommate is causing damage to the property or not paying rent, your landlord likely has a financial incentive to help you evict your roommate.
Your lease might also require that you notify your landlord of any changes to your living situation, such as adding a new roommate. If you fail to do so, your landlord might have the right to evict you. If your landlord is unwilling or unable to help you, your next step is to consult an attorney or local housing authority to learn about your options.
Ask nicely
If you can evict your roommate, start by having a polite and direct conversation. It’s best to communicate how each person feels to avoid tension or hard feelings. Maybe your roommate has been itching to move out for some time. Your suggestion to move elsewhere could be the extra push needed. Approach this conversation positively, hoping it’ll be amicable. If both parties understand that the roommate is better suited to live elsewhere, you’ll have saved a lot of time and frustration.
The bottom line
Can you evict your roommate? You can only truly evict a roommate who legally subleases the apartment from you, and you must have just cause to evict the individual. If this is not the case for you, consider the following viable options.
- Have a constructive and direct conversation with your roommate. Consider drawing up a roommate agreement that outlines changes the individual will make (quiet hours, personal items are off-limits, etc.). Ensure you address concerns you’ve had in the past (agreeing to wash dirty dishes, how long guests can stay over, etc.).
- Both of you should sign this agreement. Make sure you keep a copy and give one to your roommate.
- You can also politely ask your roommate to move on and see how your roommate responds. Speak with your landlord and find out if the landlord is willing to help you talk with your roommate.
How to write an eviction notice for a roommate
If you’re in a situation where you need to know how to write an eviction notice to a roommate, you need to keep some essential points in mind. First, check your state’s laws on eviction notices; each state has different requirements. Once you’ve done your research, it’s time to sit down and compose the notice.
An eviction notice for your roommate should include:
- The date of the eviction notice
- Your full name and address and your roommate’s full name and address
- A statement saying that you’re the legal tenant of the residence and your roommate is an unauthorized occupant
- The reason for the eviction notice (for example, your roommate is not paying rent or causing damage to the property)
- A notice that your roommate has a certain amount of time to vacate the premises (for example, 24 hours)
Once you’ve written the notice, sign and date it. You can serve it to your roommate in person or via certified mail. After that, it’s up to the individual to comply with the notice. If not, you can take further legal action. Always consult a legal professional before taking any legal action.
Evicting a roommate or asking them to leave is never an easy task, but being comfortable and relaxed in your own apartment is an important feeling for any renter. At the end of the day, it’s all about finding the right fit, and if your roommate isn’t cutting it, it might be time to move on.
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