how do I evicte my room mate for not paying rent and expenses?
536482
Do you have signed contract? If not, that would be no way to sue him. Or if yes, you can sue him in court.
714886
I don't believe he can legally do that without a court order.  My step-father owns a couple of rental properties.  And when someone is behind on their rent even if they are really behind he has to go through all this legal garbage before he can do anything.  And even with a court order for their eviction then he has to get a sheriff to remove them from the apartment if they still aren't moved out by the date that the judge orders them too.  The whole process is long, expensive, and stressful for the landlord.  That is probably why that person's landlord is just trying to get them out by boarding up the place.  They should call the police and have them deal with it.  Good luck to your friend.
831163
The landlord may want her out, but their ability to get her out depends on a lot of things, like her lease and the law in her area.\n\nIf her lease isn't up, they probably can't evict her until it is up ... but her state may allow people who are chronically late to be evicted, but it involves certain notices and is only for being late in the future and does not apply to past late payments. \n\nThe fact that she has a good excuse for being late really doesn't matter.  Her problems are not her landlords problems.  The fact that she was a good tenant before this (and presumably still will be) should have counted for something with her landlord, but as far as legally ... a landlord is under no obligation to wait for their money.\n\nIn any case, they can't just order her out.  They have to go through the courts to evict her, and frankly it doesn't sound like they currently have any cause for eviction.  \n\nIf your friend is a month to month tenant and there aren't any laws preventing the termination of a month to month tenant except for cause (such as non-payment of rent), the landlord may be able to terminate her tenancy and take her to court as a holdover tenant if she doesn't leave.  Some places have these laws, others don't.  You really need to find out what the law is in your area.
699481
She seems to want you out because she already has another renter ready to take your place.  \nUsually you get minimum 30 days, she can't make you get out before that.  Nov 9, you get at least to the Dec 9th\n\nShe can't keep the money for that reason, those money were for the following:\nAny charge specified in the apartment lease agreement or any charge resulting from your breaking the lease.  You didn't break the lease, she kicked you out.\n\nCharges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.   Did you!\n\n\nUnpaid rent and other unpaid charges listed in your apartment lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the apartment manager, etc.\n\n\nThe reasonable cost of cleaning if you fail to properly clean your apartment before you leave. Many rental properties have written cleaning instructions for you to follow.\n \nIf not, you still have a leg to stand on, and depending on your contract with them, you can still negotiate until the end of Dec.  \n\nIf she has someone already lined up to take your place, that can be good for you.  You can use it to get extra money from her, because if you don't leave by that time, she will lose her new tenant.  Check the laws in your area, before you do anything, but it seems the ball is in your court.\n\nYou are not giving enough infor, to give you a fair answer, hope that help with the little infos in your question.\n\nOne more thing.  Before you give the keys up.  Take pictures of the whole place, and make sure you have the walk through with her, to make sure that she will not be able later on, to keep the money because of how you left the place.  Take picture.  As they say picture tells a thousand words.  protect yourself, so you can get your money back.\nGood Luck
607247
address the people/company you are renting from. i am sure they could work something suitable out for you with your being able to move. they are reasonable people or should be. things happen beyond our control sometimes and i know they know that too. next time you get room mates have them added onto the lease with your leaser. that way you are not totally responsible for everything.
1121871
You could:\n1. Pay the rent and hope they let you stay\n2. Spend the money on a lawyer and maybe get an extra month on a technicality. You will still owe them the rent and you will have spent it on the lawyer\n3. Move
856445
She is responsible for the entire share of rent by the end of term of the lease. She can try to find a suitable replacement, but it would have to be with you and your other roommate's consent. She can't find some felon and expect you guys to be fine with that! Take her to court if she doesn't pay....nothing personal, it's just money.
2297
Tell him, that if his check or credit card "bounces", how are you going to know where to look for him...\n\nAlso, if he pays cash, and then trashes the room, you still want to know where you can "track him down!"\n\nThink of it as a short-term rental agreement. He doesn't get what he wants, until you get what you need, or at least have the "security" to know how you would be able to recover that consideration in the future, should the need arise!
1013213
The best way is to speak to your landlord and explain that you cannot afford the apartment anymore.  Ask if they would allow you out of the balance of the lease.  They may ask you for a payment such as forfeiting your security deposit or a month's rent.  Or, you can offer to try and find another tenant for the apartment.  As for subleasing, read your lease carefully.  Very often subleasing will be prohibited.  But if you speak to the landlord they may allow you to do it.  Just remember that if you sublease you are still responsible for paying the rent if the subtenant fails to pay.
1177498
Get your key back or change the locks. It's quite easy to do.\n\nThey are taking advantage of you. Tell them that they need to use their own apartment to cook and clean in and a laundromat to clean their clothes.   \n\nThey also need to chip in for running up your electric bill. now is not the time to be meek
1099859
This is a tough situation and there is no really good solution.\n\nRemember that what someone can "legally" do is not really a practical limit on what they may actually do. Worse still, you can have all sorts of legal rights but if the only way to exercise them is to go to court then the solution may be worse than the problem.\n\nThe only thing is really to get the stuff out right now. If the apartment is in the other person's name then she's not going to get any immediate help from the legal system.\n\nEDIT: From another question that you posted I'm now unsure if this is a room mate situation or a landlord-tenant case. Please clarify. It affects the answer.
244767
You have to file a case against them for eviction. But you have to give them notice of eviction first...do it on your terms, if they ignore that and are still there after the date you set for eviction, you can file with the courts to have them evicted, in which they have a certain number of days to leave or will be escorted by the police. make sure you have proof that they're late on rent and that there in fact was a rental agreement.
717002
Present her another check - along w/ a prepared receipt for her signature....It's now Nov 29 - that's 28 days of late fees, ouch!!!\n\nYou can't prove that you paid and she can't prove that you didn't.\n\nYou need to pay her ALL back rent & late fees and so she has no cause to start the eviction process......AND then, you can fight to get your late fees back.\n\nOr pay her Nov rent w/ a certified letter stating why you are not paying the late fees as well......And ask that she acknowledge in writing that you owe or don't owe the fees...You can have the judge settle that dispute too!\n\nSmall claims courts are for landlord/tenant disputes....Send a demand letter to her for the return of your late fees w/in 10 business days....On the morning on the 11th Day go to Court and request a hearing date - then serve her via process server and mail\n\nDO ALL this if and only if you can prove your position....A good argument would be if you've paid previous months on time as instructed.\n\nI evicted a tenant w/out lawyers and while intimidating, the process is really tenant friendly....google your state and landlord/tenant laws and find out what your options are.....\n\nAlso, in some states, late fees can only be charged if they are "reasonable".....it's not defined in the statutes what "reasonable" is.....other states prohibit late fees if they are not specified in the lease.......FIND OUT - BE an informed tenant.
51165
be honest and forward, but not rude. you don't want to seem like you're coming down on her because she most likely wasn't doing it to annoy you. it's your space too, though, and you have every right to feel comfortable in it. if it's just his presence that bothers you, ask if they could find another spot to hang out some of the time (his house). if it's the rent/utilities, just gently explain that you don't think it's fair for you to be paying more than your share. if being honest makes her mad for more than an hour or so, i would seriously contemplate living with a different roommate.
587889
First, this has nothing to do with "squatters right".\nThe person you are talking about is an Invitee of your roommate not a squatter. \n\nA squatter is a person who lives on some property without owners consent.\n\nThat person you are talking about only has right to live in the house to which he has no title if he is INVITED, if neither you nor your roommate invite him in -- he has no right to stay, and no legal action.\n\nNow the question becomes MUCH harder if your roommate invites him in, but you are against it. \nIN this case it will depend on what type of ownership you and your roommate have. \nUsually the roommates rent the house as "tenants in common" if this is is. Each tenant has right to the ENTIRE house and he may invite whomever he want.\nNow if your roommates makes your living condition SO UNBEARABLE that you cannot live in the house anymore then you might have action for constructive eviction(this is very unlikely).\n\nHowever if you are the main owner and your roommate is not on the lease then you can evict them both.
243028
If you are in the US then you need to follow the eviction laws for your state.  First you must give a "notice to pay or vacate" in writing.  It must be at least 3 or 5 days, depending on your state.  If they still don't leave then you have to file a lawsuit for eviction in the county court.  Go to http://realestate.findlaw.com/landlord to read about evictions in general and then click on the Resources link to get the details for your state.  And it is not necessary to have a written lease to evict this person.  If they were supposed to pay rent on a monthly basis then they are automatically considered a month-to-month tenant, even if there is no written lease.  Good luck!
954957
30 days prior to your lease or rental agreement is over. If you don't pay, you'll get evicted. Just inform your landlord you're moving out unless they can lower your rent. \n\nThis only applies to when your lease or rental agreement is going to expire in 30 days. If you're in a middle of a lease, they cannot raise your rent. E-mail me if you have any questions.\n\nRegards