Of course, you'll need standing, a legally valid reason, and you'll have to involve the court system. The eviction notice must include the address of the home and a room description he or she used (i.e. This will give you grounds to evict your roommate. Give him the appropriate notice to quit, and if he doesn't leave when the time is up, file a complaint in the court for eviction. Send your roommate the notice via certified mail. Before filing a formal legal procedure to evict a subtenant, the tenant must provide the subtenant with written notice to leave the premises within 30 or 60 days. At an opportune and calm moment tell them you have "something serious to talk about.". If the tenant doesn't respond, you can file a Motion for Default and obtain a final judgment to evict. If your roommate causes any damage to the home between the time he or she is served the eviction notice and the day he or she is to leave, be sure to record the damage with photos or videos so you have indisputable proof. Now I, "I have a friend who let a woman move in, and now he is paying a very high price. Don’t mess with their stuff, either. This article was co-authored by Clinton M. Sandvick, JD, PhD. Although evicting a roommate should be a last resort, there are cases when it becomes necessary. For the past year they have been disrespectful. “You would have an uphill battle in court to evict the roommate if he’s otherwise abiding by the law,” says Pelligrini. This means you must give him only a month, or 30 days, to vacate. Most of the laws relevant to leased apartments in Texas can be found in Title 8, Chapter 92 of the Texas Property Code. Very often judges decide in favor of the landlord or owner, if they have cause. Read your lease to see if they’ve broken any portion of it and you’ll have “just cause”. And explain to them that them vacating would be better for both of you. If you choose not to hire a lawyer to take over the eviction process, you might want to do a 1-time consultation with a lawyer so they can educate you about what you need to do to. If you have serious problems with your roommate, talk to your landlord or consider moving out yourself. In order to evict a roommate, the landlord would probably need to be the one acting as plaintiff (a co-roommate could not evict another roommate). How do I evict a roommate who has become violent in front of my son? However, if the relationship between you and your roommate sours, it be difficult to evict your roommate if you do not have a written agreement and he is not on your primary lease with you. http://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml, http://realestate.findlaw.com/landlord-tenant-law/tenant-eviction-what-you-should-know-as-a-renter.html, http://thelawdictionary.org/article/how-to-evict-a-roommate/, http://www.tenantsunion.org/en/rights/documenting-communications, http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/tenantrights, http://www.habitatmag.com/Publication-Content/2009/2009-JulyAugust/Featured-Articles-from-Our-Print-Magazine/Criminal-Activity-in-Apartments, http://www.nolo.com/legal-encyclopedia/when-should-landlord-hire-lawyer-29984.html, http://www.tenantresourcecenter.org/eviction, https://www.rocketlawyer.com/article/roommate-eviction-article.rl, http://www.tenant.net/Rights/illevict/illevict.html, http://metcouncilonhousing.org/help_and_answers/illegal_evictions, Please consider supporting our work with a contribution to wikiHow. Failure to appear is usually an automatic victory for the other side. Your roommate has caused damage to your home and has not taken action to fix it. It does not matter. Normally, a landlord holds the primary responsibility for dealing with tenant evictions, but there are some situations where one roommate might be able to legally file to evict another. It depends on the type of violence. If your roommate is physically abusive, you should call the police. If your roommate is not on the lease and you allowed them to move in without permission form the landlord, your situation is a bit more precarious.

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