[razzberry frost]

My son has a lease with a rental company and he is the only person who signed the lease. My son took in a roommate about 6 months ago, with the verbal agreement that that roommate would share half of the monthly rental, as well as half of the monthly utilities. This roommate has consistently been late with his share of the agreed-upon obligations, however, he has, up to this month, paid them. Now, he is avoiding my son and has not paid anything to my son for the month of November. My son has now received an eviction notice and has to pay his rent in full by Nov. 24th. My son wants to put this roommate's personal belongings on the front porch of the apartment building and change the locks so the roommate cannot get back in. Is this legal? If not, what can he do? It looks like we, his parents, will have to pay his rent in order to prevent the eviction, but how can he get rid of the roommate. Also, this roommate is abusing alcohol and drugs, and my son is one year clean and sober and fighting his own addictions one day at a time. My son not only wants to get rid of the roommate for his drug and alcohol use, but also because the roommate won't pay what he has been paying all along.

[LisaB4657]

It is illegal for your son to put out his roommate's property and change the locks. Your son has to give him a written notice that his tenancy is terminated and he must be out within 30 days. If the roommate hasn't left within those 30 days then your son has to file a lawsuit for eviction.

Your son also has the option of giving his roommate a written notice to pay or vacate. The time is 3, 5, 7 or 10 days, depending on the laws in that state. If the roommate doesn't pay in full or move out within that time then your son can file a lawsuit for eviction. However, if the roommate pays in full within that time then your son cannot file for eviction. So your son would probably be better off giving his roommate the 30 day termination notice instead.

[ScottGem]

If your son puts the roommate out and changes the locks, that's an illegal eviction and your son could find himself sued.

After he evicts the roomie, he can then sue him for any unpaid rental.

Next time your son takes a roomie, have them sign a lease and get a security deposit.

[razzberry frost]

Here's the letter that has been drafted; my son will be giving the letter to his roommate tonight; Opinions?

This letter serves official notice that your tenancy has been terminated from (address here), effective thirty (30) days from the date of this letter. At that time, you and your belongings will need to be removed from this apartment.

As you know, when you moved in to this apartment, you agreed to pay half of the rent and all utilities each month, and because of your failure to do so, your tenancy will terminate on December 19, 2008.

You currently owe me the following, which are the amounts for your portion of these bills: $262.50 - November rent; $13.13 late charge for November rent; $68.16 - heating; 112.00 - water. TOTAL due to me for November is $455.79. If you remain in the apartment anytime in December and through December 19, you will additionally owe me the following: $160.93 - prorated December rent ($8.47 daily x 19 days); $13.13 late charge for December rent; plus your share of the heating and water bills. TOTAL for December (excluding heat and water) owed me will be $174.06. TOTAL for November and December (excluding December heat and water) owed to me will be: $629.85.

Respectfully yours,



(son's name)
Tenant of (address here)


By my signature below, I indicate that I have read the above notice of termination of tenancy at (address here) - effective thirty days from the date of this letter.

[ScottGem]

Works for me, with one exception. You need to verify whether you can give 30 days notice or one rental period's notice. In some states the law is one rental period. So if rent is due on the 1st, then he would have to give him to 1/1.

[razzberry frost]

Where can I find out what the law is in MD? Sure do appreciate the guidance!

[ScottGem]

There are links to state laws at the top of this forum.

[razzberry frost]

Can't seem to find the info... anyone out there familiar with MD law on this, or can someone direct me exactly where to find the info?

[ScottGem]

Ok, I found this:

- Month-to-Month Tenancy (rent is paid monthly) - advance written notice must be given one month before the term ends.

From this site:
Section Seven: Ending the Lease, Moving Out, and Evictions - Maryland PIRG Student Chapters

However, there are other provisions on that page about evictions for non payment. So I suggest you read it carefully.