Last Updated on 11/15/2024 by Rany Burstein
If you have officially HAD IT with your roommate, it might be time to part ways before things get uglier.
Shay Everett, a Diggz user looking for a roommate in Texas, shares,
“With two people living under the same roof, it is only natural that disagreements and arguments may occur. I’ve had times where I wake up to a sink full of dishes or come home after asking for a task to be completed only to find out that my roommate never even bothered to check their messages. It’s days like these I consider giving up on the one I live with.”
We’ve all been there, dealing with arguments, dirty dishes, and uninvited guests crashing overnight. It’s one of those common horror stories of adult life that many of us can relate to.
When it comes to bad roommate experiences, there is a spectrum that ranges from toxic to absolutely unhinged. And if your roommate is teetering on the far end of that scale, it’s a clear sign to say your goodbyes and get rid of that roommate.
Now, there are a few ways to go about handling the situation. You can have a polite conversation with them, attempting to reason things out. Or you could pull off a Chandler Bing move and gaslight them into thinking they never even lived here (yeah, a little extreme). Another option is to resort to the classic eviction notice, although that can come with its own legal challenges.
However, before jumping to those more drastic measures, let’s explore some less extreme (and legally safer) ways to deal with a toxic roommate and kick them out.
How to Evict Roommate — Lesson 101
1. Think it Through and Communicate
Getting rid of a roommate means putting yourself under a financial burden in the short term. Or until you get a new roommate. So, think it through. If the issue is simply some dirty dishes or dirty laundry laying around the living room, you could come up with a workable solution.
If the issue at hand is more serious, such as your roommate not paying rent; well, you can’t afford to cover their share indefinitely. Not in this economy, nope.
So, if the issues leading to the roommate breakup are unavoidable — communicate the need to part ways with your roommate. You might be surprised to know they want the exact same thing. You could help them move out or consider waiving a month’s rent in good conscience.
In several states, including New York, it is required to provide roommates with a 30-day notice period before they are expected to move out. But here’s the thing: even if they’re willingly leaving, don’t go all Speedy Gonzales on them and rush the moving process.
2 .Understand Your Lease
You need to understand your lease before taking things further with evicting your roommate. Figure out which roommates are on the lease, does your lease even allow a subtenant in the first place, or how are responsibilities shared in your lease.
If your roommate is not on the lease, you will be able to kick them out. If you are not on the lease, you will have no chance but to move out. If you are both on the lease, you can either wait till the lease is up or evict the roommate with the presence of just cause, like not paying rent, damage to the property, or lease violation.
It is important to know that even a roommate not named on the lease still has certain legal rights. In many states, if a person has been living in an apartment for an extended period and consistently paying rent, they have certain protections against eviction. However, eviction can still occur if the roommate’s lease term has ended or if they have violated the terms of the lease agreement. So don’t go about changing locks to kick a roommate out or you could be setting yourself up for some hefty fines.
3. Send an Eviction Notice
As much as you would like to just get your roommate’s belongings and kick them out, you can be setting yourself up for legal trouble if you do so. Most states, such as NY or Vermont, require a 14 to 90 days notice period for roommates or tenants to move.
If your roommate refuses to move out, you will need to send them a formal notice to quit. Eviction notices are usually sent by landlords, but in certain situations, like being a master or primary tenant, you may have the right to evict. Take a look at your lease before proceeding.
Eviction notices are one step below an eviction lawsuit and are generally required before you are allowed to file a lawsuit. The notice to quit may ask roommates to fix a violation of the lease agreement, such as non-payment of rent. Or it can provide the evictee to leave by a specific date.
Most states require the eviction notice to be delivered directly to the person, much like a divorce notice. As silly as it may sound, we recommend sending it via certified mail to your roommate. This ensures you have a receipt of proof in case you need it.
4. Get the Landlord Involved
Getting your landlord involved can go a multitude of ways. If the roommate was on the lease or approved by the landlord — good for you! However, if your roommate was merely someone you let crash without informing the landlord, you run the risk of getting evicted yourself. Know that housing arrangements that violate the terms of your rental agreement can jeopardize your own tenancy.
Landlords typically hate being a mediator of personal disputes among roommates. Additionally, If both roommates are on the lease, you will be equally responsible to ensure that rent is being paid. A landlord whose rent is being paid wouldn’t bother going to court for squabbling roommates. And while they can serve an eviction notice, they will need a ‘just cause.’ State laws vary, but these are some of the most common reasons for legal evictions.
- Defaulting on rent payment
- Conviction of a crime
- Damaging property
- Threat to others’ safety
- Violating lease agreement
If you happen to live in a landlord-friendly state like Louisiana or Arizona, you have an advantage when it comes to dealing with the eviction process. In these states, landlords have the option to serve a 10-day notice for lease violations, allowing for a quicker resolution to the issue. It is easier for residents of these states to let the landlord handle the eviction rather than deal with it themselves.
If you don’t have evidence of your roommate violating the lease agreement, your landlord won’t be able to help you in evicting your roommate. However, what they can do to help you is to ensure that your roommate’s lease is not renewed.
5. File an Eviction Lawsuit
If your roommate refuses to comply with the eviction notice, you do have the option to take them to court. However, it’s important to consider that pursuing a legal proceeding can be costly and time-consuming, which may not be worth it for many of you.
In such cases, it is often advisable to let your landlord handle the court proceedings. Landlords are typically more equipped to navigate the legal process. They have more experience dealing with tenant-related issues and are familiar with the necessary steps. By involving your landlord in the court proceedings, you can save yourself the hassle and potential expenses associated with legal action, while relying on their expertise to handle the situation effectively.
The Eviction Process
The eviction process can take anywhere from 2 to 6 months, depending on your State. Landlord-friendly states, such as Wyoming or Arizona wrap up the eviction process within 6 weeks. While some of the more renter-friendly States, like New York or California, may take longer.
But, the rundown of the process is similar in all States, which is,
- The landlord or the primary tenant sends an eviction notice to the subtenant/roommate.
- Your roommate may either correct the lease violation, like pay rent or recover damages — whatever the notice requires. Or move out within the 30-day notice period.
- If the roommate fails to comply with the eviction notice timeline, all members of the lease agreement will have to appear in court.
- If the judge finds just cause for eviction, the subtenant is given reasonable time to vacate, ranging from 30 to 90 days.
- Law enforcement can evict the subtenant if the individual continues to live there after the eviction period has expired.
What To Do After The Eviction?
What follows will be a couple of awkward days, rummaging through your belongings, helping them pack, or wondering if the entire eviction slightly soured the friendship or completely demolished it. Probably the latter.
If you made some major purchases together, like furniture, crockery, or a TV — it can be difficult to split it fairly. Try to be considerate and compromise as best you can. You can either reimburse the other for your half of the share or consider keeping the couch while they keep the TV.
Secondly, once you get the A-Ok from your landlord, change your locks. You don’t want an old angry roommate barging in the middle of the night.
Going Forward and Avoiding the Mess with Your Next Roommate
Well, well, you’ve managed to show your roommate the door. Congratulations, I guess? It is officially time to fill that empty room with your next roommate. With Diggz, you can embark on a roommate hunt that is more than just a roll of the dice. On Diggz, you can browse profiles, read about potential roommates’ preferences, and connect with those who align with your living situation. It’s roommate hunting made easy.
And this time, don’t forget to sign a roommate agreement. A roommate agreement signed by parties beforehand could have really saved you from the mess an eviction and kicking out a roommate brings. Aside from bringing clarity of financial expectations, roommate rules, and shared responsibilities, a well-drafted agreement will also include provisions for what happens if the living arrangement needs to come to an end. This provides a framework for handling such situations without resorting to evictions or strained relationships.
Bottom Line
Hey, we understand that roommate relationships can go downhill real quick. If you’ve had enough and are ready to say “adios” to that toxic roommate, it’s crucial to make sure you’re playing by the rules. Before diving into getting rid of the roommate, take a friendly reminder to check your State’s laws and regulations to ensure you’re on the right track.
Different States have different rules when it comes to roommate evictions. In some places, co-tenants have the power to evict each other, while in other areas, only the primary tenant can kick out a sub-tenant. It’s a bit of a legal maze, but being aware of the specifics in your State will save you from potential headaches down the line.
So, before you get your eviction strategy in motion, take a moment to research and understand what is allowed in your neck of the woods. Being informed is your best defense and will help you handle the situation in the most effective way possible.