Maybe you were so desperate for a roommate that you accepted the first one who applied, or perhaps you already started fighting during the early stages of decorating your new apartment. Whatever the reason, you’re now left wondering if it’s possible to nullify a roommate agreement and kick our your roommate. So, let’s dive in.
Can I Legally Kick Out My Roommate?
We’ll cut right to the chase: if your roommate is listed on the lease as a co-tenant, you cannot evict them. When it comes to renting, the right to evict a tenant is reserved solely for the owner — that’s your landlord. If the issue with your roommate is serious enough, you can try explaining it to your landlord. Chances are, though, you’ll have to find a way to stick it out until your lease is up.
Alternatively, if you have a roommate who is not a co-tenant, but a subletter, you might be able to evict them. To be able to evict, you must:
- be legally subleasing the apartment to your roommate and;
- have “just cause”
Keep in mind that your roommate must be an authorized tenant before you begin this process. In other words, your landlord should already have given you permission to sublease and have approved of the tenant.
Start by Chatting
Chances are if you’re reading this you’ve already tried asking nicely, but it’s still worth pointing out as a viable first option. Talking out your problems could lead to a productive conversation that helps both of you understand each other a little bit better. One of three things will happen here: you’ll work it out and stick together, your roommate will agree that it’s time to leave, or your roommate will disagree and you’ll need to take a different approach.
Roommate Eviction Notice Template
If you’re subleasing and are legally allowed to give your roommate the boot, you’ll probably want to use an eviction notice template. This way, you’ll have it all down in writing without having to create it from scratch.
Check State Laws
Each state has a set of laws that control when a tenant can or cannot be legally evicted, as well as what’s required to do so. It’s important to know your renters rights, as well, so you know what is expected of your landlord in this situation. Check out what these laws and processes look like in your state.
If All Else Fails
While we highly encourage trying to work it out with your roommate, the time might come for you to pick up and leave. Be sure to read up on how to properly break your lease before it ends, and start looking for your new apartment. Next time around, make sure to look for right qualities in a roommate before agreeing to share your space with them; it’ll save you time and energy down the road.
This article was updated on 9/26/18.
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