How to evict a roommate

You might end up wanting to get your roommate to leave for a ton of reasons – you might feel more comfortable living alone, no longer need the extra cash or unfortunately, the situation just hasn't worked out and your roommate isn't a good fit for you.

Picking the right person from the beginning

Often, the root of many issues stems from a lack of compatibility, whether it’s disagreements over cleanliness, guests, noise levels, or finances. These expectations should be clearly defined from the start. Knowing your non-negotiables and carefully selecting who you choose to live with can save a lot of trouble down the road. Setting clear "agreements" upfront leaves less room for misunderstandings later.

Find more advice on this here:

• Finding the right roommate
• The best questions to ask a roommate
• Roommate house rules

Giving notice

The rules for evicting a roommate can vary significantly depending on state and local laws, and the nature of the living arrangement.

In most states, live-in landlords have more flexibility in evicting a roommate compared to traditional landlords.

In many cases, you may not need to go through a formal eviction process in court. Instead, you typically need to provide "reasonable notice" to vacate. The length of this notice often corresponds with the rental payment period—if they pay rent weekly, you might give them a week's notice to leave. In some states, this notice period could be longer (e.g. 30 days), depending on local laws. It’s advisable to provide this notice in writing to avoid misunderstandings.

Issues with a roommate

If you're having issues with your roommate, try addressing them face-to-face. Avoid using email, phone, or text, as these methods can easily lead to misunderstandings and potentially escalate the conflict.

If that doesn't work, the next best step is to write a letter voicing your concerns and asking them to change their behavior. Don't threaten them, and keep a copy of what you've written. If your roommate doesn't take any notice of your note, you may need to write a second, more formal letter, warning them that if things don't change, you're going to have to ask them to leave.

Once you've decided to give them notice, it's best to do so in writing and hand them the letter personally. It's also a good idea to ensure there's someone else present. If there are any disputes, you can refer to all the written documentation you've got to prove that you've done everything properly.

On most occasions, the roommate will leave on or before the date stated in the notice you've given them. However, if they do refuse to move out you might have to proceed with eviction. Before you get to this stage, try all other options, i.e. you could contact their next of kin to see if they can help.

Thankfully it’s rare for things to get to this stage.

Evicting your roommate

Live-in landlords often do not have to go through the formal court eviction process, especially if there’s no formal lease agreement in place. However, the rules vary significantly by state, so it’s crucial to understand your local laws.

Just before the notice period expires, ask your roommate when they’ll be leaving. They might need an extra day or two after the notice period (which you might agree to) but don’t allow them too much extra (unpaid) time.

In some jurisdictions, if your roommate doesn’t leave after reasonable notice, you may need to involve the courts to formally evict them. Don’t use force as this can lead to arrest – it’s better to stay passive and just refuse to let them in, unless it’s to pack up their belongings in police presence.

If there’s any doubt, consulting with a local attorney or researching your state’s landlord-tenant laws can ensure you handle the situation correctly.

Disclaimer - This is for general information purposes only and shouldn't be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you need specific legal advice.