Unfortunately, roommates don’t always move out when expected to. Depending on your state’s laws, such an individual may be considered a licensee instead of a tenant.
However, state and city rental laws still apply, and you can evict roommates who fail to pay rent or violate lease agreement terms based on state/city rental laws. There is an eviction procedure you must adhere to for this action.
- Serve Them With A Written Notice
Eviction procedures vary by state and county; therefore, you must abide by the local rules. For instance, it may not be permissible to serve your roommate with notice yourself (unless you also reside at the property as landlord and occupy one or more rooms yourself) instead of hiring a process server who specializes in legal document delivery; otherwise, your eviction case could be dismissed in court without following proper service procedures.
To evict someone renting from you, it is necessary to issue them a written notice outlining the terms of their rental agreement and when their lease will end. In most instances, this requires giving a three to 30-day notice that their tenancy will end. In addition, you will need to file both a petition and notice of petition with the court; your tenant will then receive news that their case has been filed against them and information on when an appearance at a court hearing for their eviction may occur.
When sending out your notice, photos are included to help the judge see exactly what’s happening at the property and show which terms of their lease agreement were violated (for instance, bringing pets onto the property where pets are forbidden). Finally, avoid throwing tenant clothes or belongings into the yard, as this could create further problems for you and them.
- Ask Them To Leave
Reminding someone they must leave your home can be uncomfortable and contentious, yet essential in setting boundaries and getting them out as soon as possible. You may want to avoid hurting their feelings or upsetting them in any way possible – yet assert your rights by asserting them quickly!
As much as possible, reaching an agreement with someone is preferable to have them leave without engaging law enforcement or initiating court proceedings. If this fails, start with a conversation to ask them to move out – be clear and specific in why you would like them out; avoid vague statements such as “I don’t like them” or “they never do the dishes.” Additionally, ensure that once they leave your house, you change all locks so they cannot return unannounced.
You typically won’t need to undergo the entire eviction process regarding guests or lodgers. However, you will still need to give notice for them to leave (this varies by jurisdiction), along with keeping a copy for their records in case they contest it. In general, it is easier for visitors than tenants, as tenants have certain rights and protections available under the law that don’t exist with guests and visitors.
- File Eviction Papers In Court
Many landlords rent rooms in their house or rental property to roommates, friends, or family. Sometimes, this arrangement works perfectly well, but sometimes, it doesn’t, and the roommate becomes problematic. If asking them to leave has proven futile, eviction- legal action taken against someone occupying property- may be your only recourse.
Evictions are subject to state and local laws, with specific steps depending on where you live. A great place to begin would be by consulting a local landlord-tenant law attorney; they’ll know which type of notice landlords need to provide, which documents need filing, and any checks that should never be cashed.
Once you’ve obtained legal advice, it’s time to file an eviction suit in court, formally known as an unlawful detainer. This process can be lengthy; serving a notice of petition and an affidavit of service (as applicable in your county of residence) on your roommate will likely be required as proof.
Tenants have five court days from receiving the papers to file a response with the court and file forcible removal, using marshal, sheriff, or constable services if they fail to do so within this timeframe. If they don’t respond within this period, the force can be applied against them by hiring a marshal, sheriff, or constable services as soon as the five days have passed.
- Hire A Lawyer
Removing a roommate can be complex and delicate, particularly if they’re not paying rent or their lease has expired. Before changing locks or leaving their belongings on the curb, it is advisable to consult a local attorney who specializes in landlord-tenant law to evaluate what your legal options may be.
Eviction laws vary by state and even city within one state, so hiring someone with the expertise to handle your case is crucial. A lawyer will know all of the specific state laws regarding landlord/tenant relationships – what type of notice must be given, what documents should be filed in court, etc. – plus step-by-step advice on how to go about getting your roommate out of your home.
If a roommate has been living with you for an extended period, they must understand their status according to state law, as they may have established rights as tenants, licensees, or squatters. Many states consider anyone living somewhere for at least a certain number of days as having signed a lease or license agreement. Therefore, an eviction must be initiated against them to remove them from your house.
Conclusion:
In conclusion, evicting someone renting a room in your house is a serious and legally complex process that demands careful adherence to local laws and regulations. It’s crucial to prioritize clear communication, document issues, and provide ample notice as the law requires. Seeking legal advice and following the proper eviction procedures helps protect both parties involved. Remember that empathy and professionalism, even in challenging situations, can contribute to a smoother process. As a host or landlord, understanding your rights and responsibilities is essential for a lawful and fair eviction process.