How to Evict a Roommate: A Guide for Roommates
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Living with roommates can be fulfilling, but there's a small chance you could run into problems - from dishes that don't get cleaned, to your roommate even skipping out on paying the rent. In a worst-case scenario, you may find yourself in the position of wanting your roommate gone. While we hope you never have to deal with this, it's important to understand what happens when you need to get rid of a roommate. In this article, we'll look at how you can evict a roommate legally.
Why You May Need to Evict a Roommate
Wanting a roommate gone shouldn't be the first step to resolving issues, but there are some things a roommate may do that give you no other option. These include when a roommate:
- Pays their rent late (or not at all), so you and your other roommates end up covering the costs
- Damages the property (even if it's only their room)
- Disturbs your neighbors
- Engages in illegal activities on the premises
If you've spoken to your roommate about any of the above actions and there's no resolution, eviction is likely your next step.
Steps To Take Before Getting a Roommate Evicted
See if You Can Find Another Solution
Before getting a roommate evicted, talk to them first. There might be a reason for their behavior. For example, they might have missed rent payments because they've lost a job or have taken a pay cut - something they might be able to remedy in the future.
Keep the following in mind:
- Be honest about your grievances and concerns
- Talk about the situation calmly
If you can't find another solution, and you really want them to leave, then take the time to explain why you want them to leave. Emphasize that you'd prefer they leave voluntarily.
It's useful to have a copy of the rental contract with you for any discussions. You should also keep clear documentation of everything that transpires between you and your roommate moving forward. Having documentation of your interactions is useful later on if the situation escalates.
Ask Your Landlord to Mediate
If your roommate is paying the rent and not engaging in any illegal behavior, then the landlord may not wish to go through the lengthy court process to evict them. Other issues could be:
- They're eating the food you buy
- They disturb the rest of the household in the middle of the night
- They're wearing other roommates' clothes without permission
- They're going through other roommates' belongings without permission
- They don't clean up after themselves
These are frustrating, but they are likely not grounds for eviction. In this case, you can ask your landlord to mediate and try to come up with a solution together.
Remove Yourself From the Situation
You don't have to live with a roommate who's impacting your mental health and well-being. If you don't want to go through the taxing process of trying to get your roommate evicted, moving out and finding somewhere else to live might be the ideal solution.
With SpareRoom, you can find affordable rooms for rent in New York, Los Angeles, Boston, or anywhere else in the US. We have filters and detailed listings that will help you find the perfect living space for you.
Understand Roommate Laws in Your State
The first step for evicting a roommate is to do your research. The laws for evicting a roommate can vary depending on the state you live in. Some states have very strict laws regarding rental agreements and the eviction process.
Familiarize yourself with the relevant roommate laws before trying to get a fellow roommate evicted, and research both state and local laws. Some cities have their own landlord-tenant laws that differ from the state laws.
Your roommate's tenant status (co-tenant or subtenant) can affect the situation.
Co-tenant
If someone signed the lease agreement with you as an equal, then you both have equal rights to the rental property. Because you have no extra authority over a roommate who's a co-tenant, evictions can be complicated. You'll need to involve your landlord or initiate legal proceedings.
Subtenant
If you signed the original lease alone and your roommate rents from you as part of a sublease, that makes them a subtenant. Technically, you can act as a landlord even if you aren't the landlord for the rental property itself. This arrangement gives you greater authority than simply being a co-tenant. Evicting a subtenant may be legally easier than evicting a co-tenant since you have a direct legal relationship with the subtenant.
Review Your Lease Agreement
Before formally beginning the eviction process, review your rental agreement. Reviewing the lease helps you determine your roommate's tenant status. How you proceed with an eviction depends on whether they're a co-tenant or a subtenant.
Your lease will also contain information about tenant expectations and responsibilities. This makes it helpful to have on hand when you want to get a roommate evicted for a suspected lease violation.
How to Evict a Roommate Who Isn't on the Lease
For roommates not listed on the lease agreement, the eviction process is a bit tricky. Most leases don't permit unlisted occupants, so a general notice asking them to leave should do (at least to start with). If this notice doesn't convince your roommate to leave, you'll likely need to talk to a lawyer.
Start by talking with them and asking them to leave voluntarily. If they refuse, ask your landlord to serve a formal written notice to vacate. The type of notice depends on your state's laws, but typically gives them 3 to 30 days' notice.
Your roommate must then either pay the rent due or leave. If your roommate does neither, you might need to take them to court.
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How to Evict a Roommate Who is on the Lease
Evicting a roommate can be a challenge. Here we'll look at the steps to take to evict a roommate.
Ask Your Landlord to Provide Them With an Eviction Notice
Once you've decided you want to evict your roommate, you'll need to serve them an eviction notice. Since you don't own the property and your roommate isn't a subtenant, you can't do it yourself - you'll have to ask your landlord to serve your roommate an eviction notice.
Evicting someone on a shared lease can be legally complicated. This is because by signing the lease agreement together, you're often bound in the eyes of the law. You usually both have equal rights to the property, so one roommate cannot evict another. This is why you'll need to initiate eviction through the landlord and courts.
Once your landlord has agreed to evict the roommate, they'll give your roommate one of two eviction notices: a 30-day or 60-day notice. Whether your roommate gets a 30-day notice or a 60-day notice will depend on how long your roommate has lived on the property and the laws of the state. For example, California requires 60 days' notice after one year of tenancy, whereas other states may differ.
Need more info? We have full breakdowns on state-specific laws, from landlord-tenant laws in California to Texas. These will outline how much notice a landlord should give.
The Eviction Notice:
For all written notices served, the landlord must:
- Clearly state the reason for the eviction. This is so tenants understand why they're being asked to leave.
- Specify the deadline to move out. This will vary depending on the state.
- State the potential consequences for not complying. Such as the landlord initiating formal eviction proceedings in court. It's so the roommate understands the seriousness of the eviction notice.
Always document all communication between yourself and your roommates in case the landlord needs proof of the reasons for the eviction.
File an Unlawful Detainer Lawsuit
Ideally, once your landlord serves an eviction notice, that'll be the end of things. Unfortunately, this isn't always the case. Sometimes, the eviction notice period will end, and your roommate might still refuse to leave the property. In this case, your landlord will need to pursue an unlawful detainer lawsuit. This is the formal court process your landlord will need to proceed with eviction if your roommate does not vacate voluntarily.
The landlord will need to file the proper paperwork, including summons and complaint forms, and pay a filing fee to the local court. After filing, the court sets a court date for the eviction hearing.
Serve the Papers
Your roommate will receive the appropriate court papers notifying them of the court date for the eviction case. They'll have to respond within the designated deadline (this is usually 5 to 10 days).
Prepare for the Hearing
While you're waiting for the hearing, you'll have to work with your landlord to provide all the documentation and related evidence. Have a copy of the rental agreement and all relevant correspondence between your roommates and other members of the household. It's important to have as much evidence as possible to prove just cause for the eviction. Your landlord may choose to hire a lawyer to help in the preparation.
The Court Hearing
During the court hearing, the landlord usually presents their case by explaining the reason for eviction and providing any evidence or witnesses.
Your roommate then has an opportunity to respond, present their side, and offer evidence or witnesses to support their defense. The hearing is typically shorter and less formal than a trial, lasting from minutes to a few hours.
The judge listens to both sides and decides whether the tenant must move out or can stay.
If your landlord has prepared their case properly, the judge will rule in your favor. If this happens, they'll grant what's called a judgment for possession. This means that the landlord will now have the authority to take possession of the property, granting them the legal right to evict the roommate.
Will You Have to Attend the Court Hearing?
If you are a roommate and joint tenant but not the one directly involved in the eviction lawsuit (i.e., you are not the defendant), you usually don't have to attend. That said, the court or landlord might request your presence as a witness, in which case, you must attend.
What Happens if Your Roommate Doesn't Attend the Court Hearing?
If your roommate doesn't show up to the court case, the court will typically rules in favor of the landlord by default.
Enforcing the Eviction
If your roommate still refuses to leave, the landlord will have to enforce the eviction through the local sheriff or court bailiff.
Important: Never touch a roommate's personal property yourself, even during the eviction process, as this could open you up to potential legal trouble. This goes for the landlord, too.
Instead, the landlord needs what's known as a writ of possession from the court. A writ of possession gives you the right to take back the property with the help of local law enforcement.
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How to Find Replacement Roommates
Finding a replacement roommate who's compatible will help you avoid evictions in the future. Start by identifying your needs — consider the rent, house rules, and lifestyle. Our roommate finder lets you filter potential roommates based on budget, location, price range, and interests, making it easier to find someone who fits your needs.
Be sure to interview candidates thoroughly, check references, and outline clear terms in a roommate agreement to ensure a smooth transition.
Finding a roommate doesn't have to be hard, especially if you know what you're looking for. There are lots of people looking for a roommate in NYC, roomates in San Francisco, or roommates in other popular US cities.
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Frequently Asked Questions
Can I Evict a Roommate Not on the Lease?
Yes, you can. If you allow someone to live with you, you're technically their landlord even if you made no formal written agreement. This means that landlord-tenant laws govern their occupation. This means you can still initiate the eviction process.
What if My Roommate Refuses to Pay Rent?
In some cases, one roommate may collect all the rent from the rest of the roommates to give to the landlord. If your roommate refuses to pay rent, there are several ways you can handle the situation.
Your first step should be to attempt to have a conversation with your roommate. Sometimes communication can prevent a situation from escalating. If speaking with your roommate doesn't resolve anything, the next step depends on your roommate's tenancy type.
If your roommate is a subtenant, you have more options. Since the property owner listed you on the original lease, you have more authority than your roommate. This is because your roommate technically rents from you and not the landlord. You're allowed to initiate the eviction process yourself. And because it's a matter of unpaid rent, you'll likely issue a 3-day Notice to Pay Rent or Quit.
If your roommate is a co-tenant refusing to pay rent, reach out to your landlord. Because both you and your roommate have equal rights as co-tenants, you can't perform an eviction yourself. You'll need to make arrangements with your landlord or get legal help.
How Long Does It Take to Evict a Roommate?
How long it takes to evict a roommate depends on the individual circumstances you're dealing with. If they haven't paid rent, you or your landlord can issue a 3-day notice and proceed from there. If your roommate chooses to leave after three days, the whole process will be over in under a week. You can then move on to finding a new roommate.
But if a 30-day or 60-day notice has been issued, the process will, by default, take longer. And if you have to take your roommate to court, it'll take longer still.
Ultimately, the eviction process can take anywhere from a few weeks to a few months. The specific timeframe varies depending on your situation.
Do I Have to Evict Guests Who Overstay Their Welcome?
You or your landlord can evict guests who overstay their welcome just like you can with any other unwanted occupants. The precise legal requirements for how to approach the situation can vary, however.
First, you'll need to determine if your unwanted guests are trespassers in the eyes of the law. The law defines trespassing as entering or remaining on a property without permission. Guests who continue living somewhere even after they've been asked to leave can technically be considered trespassers. If this is the case, you can have the police remove them if they refuse to leave.
If your guest has previously been giving you payment in exchange for living there, however, the situation becomes murkier. Even if a guest was just "pitching in", offering payment could potentially make them a tenant in the eyes of the law. If this is the case, you may need to ask your landlord to begin a formal eviction process.
Conclusion
Evicting your roommate can be an uncomfortable and complicated process, but it's not impossible. Start by doing your research. Fully understand the state and local laws before committing to any legal action. And don't hesitate to consult with a lawyer if you don't know whether you need to begin the process or if you should ask your landlord. A legal expert can provide you with vital legal information that might help with the eviction process.
Disclaimer - This information is for general informational purposes only and should not be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you require legal advice.