If you’re the landlord and your roommate is a tenant, you are in a much better situation than if you were not the landlord. If you’re both co-tenants, your roommates’ violations of the lease might also put you in jeopardy of being evicted. If your roommate is not on the lease and you allowed them to move in without permission form the landlord, your situation is a bit more precarious. If you’re not on the lease and your roommate is, you probably have little recourse to have someone evicted. [1] X Research source
Your roommate is no longer paying rent under the terms of the lease. Your roommate has been engaging in illegal activities at your home. This could include drugs or violence. Your roommate has caused damage to your home and has not taken action to fix it. Your roommate has broken other terms spelled out in the lease agreement and has taken no action to fix the problem. [2] X Research source
Ask your roommate to talk. At an opportune and calm moment tell them you have “something serious to talk about. " Instead of telling them you’d like them to get leave, explain to them your feelings and your position. Tell them that whatever they’ve done or is doing has put you in an “uncomfortable position” and that you are unhappy. Avoid accusations and talk in terms of your feelings. Never make unsubstantiated charges. Be polite and do not insult them. Tell them you’d really appreciate it if they would respect your position and help you remedy the situation. And explain to them that them vacating would be better for both of you. Talk in terms of a “mutual benefit. “[3] X Research source
Tenant laws vary with each state. Your local courts will have information on the specific steps that must be taken to evict your roommate. Some cities and states are much more sympathetic to tenants than others. If you’re in one of these jurisdictions, you’ll have a much harder time evicting your roommate. Contact an attorney if you have any questions about local and state laws protecting tenants. [5] X Research source
Don’t violate your roommate’s personal space while gathering evidence. Don’t spy on your roommate or violate their personal privacy. Avoid any activities that might induce your roommate to exhibit violent behavior. [6] X Research source
You can choose to pursue legal routes to eviction on your own, but it might be time consuming. The cost of hiring a lawyer might be prohibitive, so shop around. If you choose not to hire a lawyer to take over the eviction process, you might want to do a 1-time consultation with a lawyer so they can educate you about what you need to do to. [7] X Research source
It should include the grounds for eviction and specific lease violations. It should outline the amount of time your roommate has to leave. This is typically 30 days depending on the laws of your city or state. The eviction notice must include your name and the roommate’s name. The eviction notice must include the address of the home and a room description he or she used (i. e. “2nd bedroom on right, 2nd floor”). It should include the date the notice was given and the date the roommate is to be out of the house. [8] X Research source
Hand the notice to your roommate. Post the notice on your front door or on your roommate’s door. Send your roommate the notice via certified mail. Some states may require hand delivery of the eviction notice and that you get a written acknowledgment that the roommate has received it. Check your local jurisdictions before serving the notice. Depending on your state or local laws, even people who are not landlords have the right to serve an eviction notice. [9] X Research source
In court, you might have the opportunity to present the evidence you gathered about your roommate’s lease violation. Very often judges decide in favor of the landlord or owner, if they have cause. Following the law, documenting your case, and doing everything properly will greatly increase your chance of a happy outcome in court. Judges will often provide a certain amount of “reasonable” time for a tenant to vacate after being evicted. [10] X Research source
Do not try to physically remove your roommate on your own. Oftentimes, people usually have 72 hours after a court ruling to vacate the premises. It might be best to avoid your roommate or at the very least avoid prolonged conversations after a judgement is given by the court. [11] X Research source
Damage your home. Take your personal property. Try to slander you to your neighbors.
In many places, people have 72 hours after eviction to leave the property. If you compel the person to move without allowing them their allotted time, you may open yourself up to a lawsuit. The time a person has to leave after formally being evicted will be outlined by local or state laws or the presiding judge in the case.
Don’t change the locks. While it might seem like a good idea to simply change the locks, there is a good chance that this will be interpreted by the law as an illegal activity. Don’t mess with their stuff. You might be tempted to just throw all of your roommate’s stuff into the street. Don’t do this. It’s illegal in many jurisdictions. Don’t turn off the utilities. You may want to try to force them out by turning the power and water off. In many jurisdictions this is illegal. If you are in doubt about what you should not do, consult local laws and regulations and/or call an attorney. [12] X Trustworthy Source Pine Tree Legal Association Legal advocacy group providing public resources related to civil rights and and services and the justice system Go to source [13] X Research source
