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Nortongal · Nov 29, 2013, 10:24 AM

My boyfriend and I rent a small house and have a room mate that we want out of it. Do we need 2 have our landlord get him to leave or can we do it ourselves?

ScottGem · Nov 29, 2013, 10:55 AM

If he is not signed on the lease then he is your tenant and you are his landlord. So you can handle it. Otherwise the landlord needs to be involved.

You have to give him proper notice to vacate.

Nortongal · Dec 4, 2013, 05:21 PM

Originally Posted by ScottGem

If he is not signed on the lease then he is your tenant and you are his landlord. So you can handle it. Otherwise the landlord needs to be involved.

You have to give him proper notice to vacate.

Thank you for your answer! We gave him written notice that he needs to be out by Jan 4th, 2014. His response was good luck on getting me out of here, that he will stay as long as he wants... and will not be giving us his rent starting as of now. Can we move his belongings out of the house after the Jan. 4th date or do we need too take him to court?

AK lawyer · Dec 4, 2013, 05:32 PM

Originally Posted by Nortongal

Thank you for your answer! We gave him written notice that he needs to be out by Jan 4th, 2014. His response was good luck on getting me out of here, that he will stay as long as he wants... and will not be giving us his rent starting as of now. Can we move his belongings out of the house after the Jan. 4th date or do we need too take him to court?

Y

You have to take him to court. Depending on what state or country you are in, you could get in legal trouble for "self-help" like putting his stuff on the curb.

ScottGem · Dec 4, 2013, 06:31 PM

I would suggest you go down to the local Housing court or online and get the eviction process for your area. Then leave it for him, if he thinks you won't be able to get him out.

As AK notes, on 1/5 you go to court and file for an eviction order. A hearing should be scheduled and you will give him a summons to appear at that hearing. At the hearing you should get an eviction order with a date. If he's not out by that date, you then hire a sheriff to physically remove him.

askme28 · Dec 4, 2013, 07:20 PM

You can do it yourself, but only if the roommate is not one one of the people that would just get mad at you for trying, and is stubborn. Good luck. :)

ScottGem · Dec 5, 2013, 05:24 AM

You can do it yourself, but only if the roommate is not one one of the people that would just get mad at you for trying, and is stubborn. Good luck.

Please don't give advice that will involve breaking the law or opening the OP up for a lawsuit. The only proper way to remove a tenant is through the legal eviction process.