There are laws and restrictions when it comes to trying to evict your roommate. Attempting to do this is a very delicate matter. It is in your best interest to learn what your rights are and what you can and cannot do. If you’re still not sure, it would be best to seek professional legal advice.
If you or someone you know is attempting to evict a roommate, then contact Property Valuation / real estate lawyer in your area today.
You Cannot Evict Your Roommate
In most cases, you will not have the legal right to evict your roommate. You will have to work with your landlord to evict that roommate. This is because in most cases, each roommate will have a lease or rental agreement with the landlord. Because the agreement is between that tenant and the landlord only the landlord can terminate that relationship and evict. You do not possess the legal right to evict that roommate.
Whose Name is on the Lease
Leases are contracts made between landlords and tenants. These contracts hold the written rental agreement and terms of that agreement. It is possible that your roommate will not be added to the lease. It is only in this case that you have the right to evict that roommate. However, in most cases all tenants will sign a lease with the landlord. If they want to move in after you do, you will need permission from your landlord and they will sign the lease before moving in. By having both names on the list, you will be individually responsible for your own actions. This means that you cannot be held responsible for your roommate not paying their half of the rent.
Risks Involved in Roommate Eviction
Attempting to evict your roommate who is on the lease can have consequences. Attempting to evict your roommate and brining all these problems to the attention of your landlord may cause your landlord to evict both of you from the apartment. Your roommate may also take violent revenge against you. So use it as a last resort.
Get Legal Help
If your roommate has signed the lease, which is most likely, you must handle the situation delicately. Ask your landlord to evict your roommate only as a last resort. It is also a good idea to contact legal representation beforehand. Your attorney can advise you of your options. Contact a real estate lawyer in your area today and ask about your free case evaluation.