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AnimalBoy82 · Jan 5, 2012, 05:27 PM

Here's the situation. I currently have a apartment where I am the only one on the lease. To save some money I decided to rent out the bedroom (I sleep in the living room) I made it clear in my ad that I was looking for a short term roommate that would be month to month. The person who moved in paid me $200.00(My asking price per month) as it turns out. He has no job,he's filthy,inconsiderate to everyone else in regards to noise (He blasts the TV regardless of the time) and most importantly he is a drunk who due to his drinking problems has caused several incidents at my home. On the occurrence of the seconde incident I told him that I would like him to leave after his 30 days are up. Recently I came home and found him in his usual state of drunkenness. After he went on a rant about several things he informed me that he would not be leaving regardless of what I say. How do I get him out of my house? I don't plan to take anymore rent money from him. Is it something the cops can deal with,removing him from the house if he refuses to leave after his 30 days or is this something I'm going to have to go to court to remove him?

LisaB4657 · Jan 5, 2012, 06:21 PM

You're going to have to go through the courts to get this guy out.

First you have to give him a written notice that his tenancy is terminated and he has 30 days to vacate the property. If he hasn't moved out by the end of that time then you have to file a lawsuit for eviction. Once you appear in court and get a judgment for possession, you can make arrangements with the sheriff or constable to perform the eviction.

Good luck!

ScottGem · Jan 5, 2012, 06:31 PM

First, ANY question on law needs to include your general locale as laws vary by area.

Before you become a landlord (which is what you did by renting a room) you should familiarize yourself with what that means. Especially when you take on a stranger as a roommate, you need to get references. Unfortunately you learned this lesson the hard way.

You don't tell him you would "like him to leave", you give him a written notice that you are terminating his tenancy. Generally its 30 days, but it may be different depending on local laws. If he ignores the deadline you go to court for an eviction order.

If he gets abusive or violent call the police. You may be able to get a restraining order to get him out sooner.

mmwjr1 · May 5, 2012, 08:19 AM

He is not on the lease and has no legal rights to the place, so you can call the police and have him removed. Make sure that you acquire his key before having him removed.

LisaB4657 · May 5, 2012, 08:44 AM

Originally Posted by mmwjr1

he is not on the lease and has no legal rights to the place, so you can call the police and have him removed. Make sure that you acquire his key before having him removed.

This answer is incorrect. It is not necessary to be listed on the lease to have legal rights. He has paid rent and is considered a tenant. He has to be evicted in accordance with the landlord/tenant laws.