Room mate Eviction?

Question

Ok it's come down to this...

I have the 'room mate from h**l'. She eats all my food, has s*x with random guys and screams (fake) at the top of her lungs keeping me awake in the middle of the night. Her current boyfriend has practically moved in, and she's smoking pot and drinking under age... unfortunately the apartment complex says they can't evict one person, they'd have to evict us all.

It's my understanding that I can't have her evicted as a room mate because I'm not the landlord (in the state of Oregon by the way).

I gave her thirty days notice to move out but she doesn't want to so I can't legally force her out... what can I do?

I've drawn up a list of her options, including buying me out of the lease (around $750 total).

Also might add that the original lease I signed when *I* paid all of the deposits (moved in months before she did, got approved by myself, she'd never get approved by herself) is up at the end of the month... not sure if that could open a loop hole.

HELP

Answer 1

You can't evict her in Oregon and the police will not care if she is smoking pot.

Your options are to be more tolerant or move out yourself.   Only your landlord can evict, and it is correct that he has to evict the lot of you, he can not evict one because the other is whining.

Answer 2

I think the most important question is, whos name is on the lease? If its your name, Id say go to the nearest courthouse and get an official eviction notice, in which a cop would probably come to the residence and serve her with. If her name is on the lease, theres pobably not much you can do to kick her out. If her name is on the lease and your lease is almost up, just dont renew your lease with her name on it. Try to sign a new lease with only your name on it, that way she has no say so. Keep in mind, I say this not knowing your state laws. But I do have experience in this, I am a landlord myself. Hope this helps.

Answer 3

I'd consider moving when the lease is up.

An alternative might be to talk to the landlord and see if they'll set rules on a new lease for you that they must approve all tenants, and not approve her.

Answer 4

"Also might add that the original lease ... is up at the end of the month."

Bingo!  That is your loophole.  Don't renew the existing lease.  Tell the landlord that you want to sign a new lease.  Tell the landlord that you will be the only tenant.  Legally the existing lease will have expired and the landlord doesn't have to worry about evicting anyone.  Technically all of you would then have to vacate but of course you yourself won't because you have taken out a new lease.  Anyone else will have to leave because they will be trespassing if they don't.    Also ask the landlord if you can have the locks changed effective the first day of next month.

Here is something to think about. Tenants often change apartments within the same building.  To do this they in effect have to check out and then check into the new suite.  In your case you would be checking out and checking into the same suite.  It's the same thing.  

You would be very wise to get right onto this because since it is your name that is on the lease you are responsible for the conduct of the "room mate from h**l" and her assortment of undesirables.  You could get evicted which would make life very difficult for you if you wanted to rent elsewhere.

Answer 5

You left a VERY important part out of your story.

Are you both on the lease or is it just you?

If it's just you, and she' isn't on the lease, then yes, you can go to court and have her evicted.  Here is an easier way to do it, the next time they are smoking pot, call the police yourself...that gives your landlord a LEGAL reason to get rid of her as well.

However, if you are both on the lease, you cannot evict her, but your landlord can if the lease states she must comply with state and federal laws (they all do), and if she is breaking the law and you call the police and they write her a citation, they can evict her on those grounds as well.

Answer 6

If "it is up at the end of the month", Then move. That's only 4 days from now. Start packing.