I have a lease with my landlord, my roomate is not on the lease and i want him to move out, what do i do?

Question

i have a lease with my landlord and my roomate is not on the lease and i have no contract with him,i want him to move out.the only problem is that i don't own the house and if my landlord finds out anyone not on the lease is living there i have to pay extra fines and i could be asked to move out. what do i need to do to get my roomate out? ps: the reason i want him out is because he is doing stuff at my house that i don't want to be around.....help!!

Answer 1

Your roommate is your tenant. You do have a lease with him, a month to month tenancy by default per your state's landlord tenant laws.

You need to give hom proper written notice (usually 30 days - one full rental term) to terminate his tenancy. If he does not leave willingy you have to evict him through the courts.

Your landlord can evict him, but you would have to go as well, since you have the lease.

Answer 2

You have to evict him the same way a landlord would.   You need to serve him notice and then file an unlawful detainer with the civil courts.

You can not simply force him out because you want to, he has rights too.   In the absense of a lease his rights go to basic real estate law.

It may be illegal for you to evict him at all, since your complaint is his activities.

Answer 3

You have lots of options.

First, you can't evict him under many legal channels because his name is not on the lease. The others are right, you CAN serve him a 30 day notice to prevent a lawsuit, but if your agreement was only a verbal agreement, you do not need to serve him a paper notice, you may give him a verbal notice. If he has been paying rent, then you do need to give him a 30 day notice. If he has been paying rent by separate check with his name on it, you can file an eviction with the police. If he has been paying cash with no receipt, you need not file an eviction with the courts.

But if he is doing or selling drugs, or clearly taking money or paying money for s*x, or selling or buying stolen items, you can have him arrested while he is in the act in your house, have the police remove him from the premises, and pack up his stuff while he is in jail, and remove it from the house.

If he does not leave after 30 days, you can plan a weekend, simply get a bunch of boxes, kindly help him pack, help rent the truck, and take him to a storage facility and help him sign him up in his name for a storage unit to put his stuff while he finds a new place. Then you change the locks, keeping all the keys, and he is out. If the landlord has a problem with you changing the locks, simply explain you had a friend who was coming in without your permission and the current locks were inefficient. Make sure you remove every single item so the friend has no cause to try and break back in to the place.

If you can't do this by yourself, get a bunch of friends to help you. Make a big deal of getting together, washing and cleaning his clothes, helping pack them into boxes, buy him a couple of new gear bags for his things. Vacuum and clean up his furniture items before putting them on the truck. Vacuum the floor, launder and fold his linens, vacuum and then spray his mattress with Lysol, send him out the door cleaner than you found him. This way he can't accuse you of just throwing his junk out the window.

Throw his stuff out the window as a last resort. I think it's more fun to be helpful to the point of dripping with honey as you purposefully remove him and his stuff from the premises.

And if he asks why, tell him the truth - you are the one with the name on the lease, and his illegal activities are no longer welcome in YOUR house.

Answer 4

The contract is with you and not with your roommate.

You can actually file for an eviction yourself.  Your landlord can actually not do this b/c he/she has no legal ties to your roommate.

No law requires all roommates to be a lease.

Legally, you have to give your roommate a 30-day notice to vacate.  If they do not vacate, then you don't have to have a reason to file for an eviction, other than you simply want them out.

Your landlord CANNOT fine or evict you b/c of the roommate.  This is the biggest myth going on in real estate, and landlords that try to do this legally are always defeated in court.  

PS:  Is he doing drugs?  The next time he does them, then call the police yourself.