[millstone]

My uncle and I are roommates who are both on the lease at our current apartament. We are unable to get along and have agreed that one of us needs to leave. In early to mid October we had nice conversation and he agreed that he would leave by Dec 1. Yesterday Nov. 3 he came from his other home and told me that I would need to move, which caused a very unpleasant argument. I pay almost 2/3rds of the rent, have utilities in my name, and receive mail at our address. He has a home in South Dakota and does not have any utilities in his name, nor does he receive mail here. I need to know if I can give him an eviction notice or what other options would be available.

[ScottGem]

No, since his name is also on the lease, only your landlord can evict him. So you need to talk to your landlord.

[millstone]

Thank you, ScottGem. You are 100% correct. I talked to my landlord today and have been removed from the lease myself. Since I have now given 30 days of notice on my lease, it is now my roommates problem next month. Also I was able will be able to move into an available apartament beginning Dec. 1. What I really wanted was my own apartament anyway, so this works out great. Now my roommate has to reimburse my share of our original security deposit and I get a larger apartament for the same price. Thank you again

[ScottGem]

Great, glad it worked for you. Though don't hold your breath on the security. You may have to sue him for it.

[millstone]

Yeah, I know. It will all work out in the long run. He is family and I hope it doesn't have to go to court... but if it does, I have access to all the checks I've written and a very good witness in my Father, who was there at the time. Thanks again for the response, I thought that was the case but just needed a second opinion.