Help me evict my evil roommate

[tramp]

Ok, so without getting into too much detail, things in my house have degraded to a point to where it is no longer feasible for me to live with this guy. I let him live here out of the goodness of my heart when he had no place else to go but that can’t happen anymore.

We have a month to month lease on this house. My name is the only one on the lease.

How can I get him out? Just tell him to hit the road? Change the locks while he is out?

[don_t_ask]

Yes and if necessary yes.

[Bill_H]

Is it possible that the reason that you don’t know how to ask him to leave is the same reason that he’s grown to be such a detriment in your life? I.e. is it possible that you’re a kind enough person that as he did small annoying things, you let them slide until they built up into big things? Just something to think about for future roommates.

But to answer your question, sit down with him and say “Look, this is not working out and I have to ask you to leave.” If you are certain he must go, then absolutely don’t back down. Be sure to set a deadline (2 wks? a month?).

[astro]

I don’t get it. You’re the only one on the lease. Why isn’t telling him to leave sufficient? Does he just laugh some evil villian laugh when you tell him to hit the road. Call the police if he delays. Why is this a brain teaser?

[Fear_Itself]

*Originally posted by astro *
**Why is this a brain teaser? **

Because you don’t understand landlord/tenant law.

Can My Roommate Evict Me?

**Now, suppose you’re not on the lease. All is not lost. If the landlord has treated you as a tenant – by accepting rent directly, for example, or putting your name on the mailbox or doorbell – you may have attained the status of a tenant. Surely, if you and the roommate rented the place together and it was clear that you were on equal footing, you should be given the status of a tenant.

Once you are a tenant, a co-tenant such as your roommate cannot evict you. Only the landlord can do that.

**

How Do I Get Rid of a Recalcitrant Guest?

**The problem is, many long-term guests will claim that, in fact, they have been treated like a tenant and therefore have the rights that tenants do. A big tenant right is freedom from “self-help evictions,” which includes changing the locks.

So, unfortunately, the wisest course would be to not change the locks or take any other steps that will force or tend to force this guest from the property. You know I am usually a huge proponent of self-help. But you will get into big legal trouble if this guest, left out in the cold, goes to an attorney with the tale of being a real tenant who was locked out. What you should do, annoying as it is, is file an eviction action against this interloper.

**

More links about roomates, evictions and the law

[handy]

“Just tell him to hit the road?”

Of course, thats always the first thing to try. I don’t know why no one mentioned it. Be nice about it though.

[Rysdad]

If it’s a month to month lease, and he has attained co-tenant status, you can ask your landlord to evict him. In Minnesota, I believe he’d have to get 30 days notice.

You could, of course, try calling the cops. They may “short-circuit” the process, although I’m not sure where the legal liability would lie.

[tramp]

Thanks, now I need to figure out what to do.

[Bearflag70]

Did you accept rent or anything that would give the impression he’s a tenant? How long has he been there? Has he “moved-in” or just crashing there for a while?

If not, treat him as a licensee and ask him politely to pack up and move out.

If, somehow, he has attained “tenant” status, then perhaps he is your subtenant, and YOU can evict instead of your landlord.

Do you have a written lease? If so, check to see if there’s a provision against subtenancies.