Do I have to go to court to file a 30 day notice to evict a roommate that is on a month-to-month lease?
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Do I have to go to court to file a 30 day notice to evict a roommate that is on a month-to-month lease?
Yes, but they can do the same to you. It depends on whoes name is on the lease. If your name is on the lease and not their's, you can but may cause problems.
A 30 day notice is not an eviction. Only a court can issue an eviction order. The 30 day notice is to inform the tenant that you are terminating their tenancy. It's the first step in obtaining an eviction if the tenant does not want to vacate voluntarily.
So yes, you can write up your own. It's a simple notice that you are terminating tenancy on x date and that they need to have vacated by that time. If they ignore the order, then you file with the courts for an eviction order.
Of course only the landlord can terminate tenancy. If the roommate is signed on the lease, they have equal rights to live there and you can't terminate their tenancy.
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