I rented a house with a 12 month lease. I am the only signer on the lease. A couple of months down the road, I got a roommate. He has been here for six months, but is not on the lease. I won’t bore you with the details of our problems. I made a mistake taking him in and now it is time for him to go.

So I would have to give him a 30 day notice to leave and then file for eviction and the landlord would have nothing to do with this? The problem I have with this is the length of time evictions take (at least from what I have read) and the money I would lose in the meantime.

I have also read that if I break the lease and leave, that I am still responsible for the rent until a replacement can be found. If I leave, and my roommate stays in the house, could I have the roommate be my replacement?

This is in Oklahoma.

Thanks for any help

Sam

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Originally Posted by sjohnson

could I have the roommate be my replacement?

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Hello sam:

Sure, if the landlord agrees.

excon

You have, essentially, sublet part of the apartment. Therefore, a tacit month to month lease exists. That means you need to follow the rules to get the roommate out.

However, if the landlord is agreeable to switch the lease into the roomies name, that lets you out.

I see. Thanks for the help.

If I went the eviction route, I have to give a 30 day notice in writing and then start eviction proceedings? Or if they do not pay the rent, I can give a 5 day written notice? And this would be something that I would do, not the landlord right?

Also, we spilt the bills. If he doesn't pay rent this month (which he is threatening to do), I would be able to sue for this month's rent in the eviction. Can I include his half of the bills too?

Thanks for all the help

Quote:

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Originally Posted by sjohnson

So I would have to give him a 30 day notice to leave and then file for eviction and the landlord would have nothing to do with this? The problem I have with this is the length of time evictions take (at least from what I have read) and the money I would lose in the meantime.

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Hello again, Sam.

If you're going to evict him, then you don't need to give him a 30 day notice. Most states start with a 5 or a 3 day notice to correct the breach (fill in the blank).

Sure, he's not going to pay, and you're going to lose a bunch. Even if you win in court, you'll have to collect. Often times, that's not possible for an individual to do.

And, yes, you're on your own. YOU are the only landlord involved in this matter.

If you have a choice, I'd choose the letting him take over the lease, option.

excon

As excon said, your landlord doesn't enter into this because you are his landlord. I believe you would have to give 30 days to terminate the lease, the 3-5 days would be applicable if he were breaking the terms of the lease (like not paying).

I see. I think I will just wait until the first of the month to see if he pays and then decide which route to take.

One more question: There are several things that he does that are against the lease that I signed, but since he didn't sign it, is he prohibited from do those things?

Thanks for help excon and ScottGem. It has been informative.

Hello again, Sam:

Well, that's kind of what I was referring to when I said fill in the blank. All of these questions ultimately, can only be resolved in court. What a judge would, or wouldn't decide isn't the point right now. The point, is getting him - or yourself - out.

IS he obliged to adhere to the things he said he would? Of course! Can you enforce it? Let's hope you don't have to, and the question becomes academic.

Therefore, when/if you evict him, what you fill in the blank with, is all those things he does that breech the lease.

excon

Since he doesn't have a written lease and NEVER had one, then he is not subject to the same terms as the lease you signed. He is subject only to what is provided by local law as general lease terms.