Can I Evict My Roommate?

Are you living with the roommate from hell? If so, it may be time to evict your roommate because there is nothing worse than dreading going home (especially after a long, stressful day). Here is what you need to know to evict your roommate and rid yourself of roommate problems.

When There Is a Roommate Agreement in Place

This is perhaps the most ideal situation when your roommate problems come to the point of eviction, so long as your roommate’s name is not also on the lease. If you have a roommate agreement in place, and yours is the only name on the apartment lease, you probably (or at least you definitely should) have it stipulated in the agreement, reasons for possible eviction.

For example, some reasons for eviction that might be included in your rental agreement are the obvious ones: not paying rent, continuous untimely payment of rent, damage to the apartment, or a breach of any of the regulations in the apartment’s master lease. Some other reasons for eviction that might be included in your rental agreement are repeated smoking in the apartment, continuous load noise, stealing, or simply the inability to resolve roommate conflict. So long as you roommate agreement details reasons for eviction, you can start the process as you would with any other eviction. You are essentially your roommate’s landlord. You can also ask for the assistance of the landlord.

Evicting Your Roommate When You Are Both on the Lease

This situation is a little more difficult. If both your name and your roommate’s name is on the lease, then you are both legally bound to the apartment. In a situation such as this, communication is the best resolution. Talk to your roommate, and try to resolve the issue. If no agreeable terms can be reached, discuss with your roommate the idea of one of you moving out and terminating your portion of the lease early.

Of course, if your roommate has actually violated the terms of the apartment lease, immediately notify your landlord. The onus will be on him or her to follow the eviction procedures, but you can certainly feed the landlord information to push that process along. If the apartment lease violation is major, such as continuous non-payment of rent, you can be sure your landlord will be heading towards eviction. Just make sure that you are prepared because with your roommate gone, you will have to cover all of the rent until a new roommate can be found.

Evicting a roommate is a difficult situation to be in. Make sure when you move in with someone, you find out as much about them as possible, so that small disagreements are less likely to become big ones.

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Emily Gojko: I am a writer, marketer, and manager with a strong background in real estate development and management. I am also a native New Yorker with an obsession for home design shows, so I have personal and professional experience making the most of small spaces, and dealing with good and bad living situations.