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Home > Law > Real Estate Law   »   Kicking out roommate not on lease

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Old Aug 24, 2007, 09:04 PM
B5321
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Kicking out roommate not on lease

I am the only person on the lease and the landlord knows this. i have a roommate that i am not getting along with and i want him out. We have a verbal aggrement that it is a month to month lease. does he have any rights to stay in the house after 30 days?

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Old Aug 25, 2007, 04:41 AM   #2  
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No. The roommate is YOUR tenant. On a month to month lease you can give him notice of one full rental period. However, if he doesn't leave, you will have to go through formal evicition proceedings.
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Old Aug 25, 2007, 08:08 AM   #3  
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Quote:
Originally Posted by B5321
I am the only person on the lease and the landlord knows this. i have a roommate that i am not getting along with and i want him out. We have a verbal aggrement that it is a month to month lease. does he have any rights to stay in the house after 30 days?
For own experience, you have to ask him one more time to live under a witness presence. be polite and straight to the point: give the due time to do it.
If that doesn't happen, you can call the police. It is your apartment. You decide what to do.
Plus, the landlord may consider the visitor as an unauthorized occupant. But the problem will be yours then.
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Old Aug 25, 2007, 02:11 PM   #4  
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First, you should give him notice in writing with proof of service. Do not just tell him, even in front of a witness. Second, calling the poice won't do anything. You have to go thru the eviction process dictated by your local govt. Once you get the order of eviction, it is served on your roomate and it gives him a few more days to vacate. If he doesn't, you hire a sheriff to put him and his things out.
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