How to Evict a Roommate who Breaks the Rental Agreement

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How to Evict a Roommate who Breaks the Rental Agreement

Staff Writer · May 25, 2011

You must learn how to evict a roommate with minimum stress if the person concerned breaks the rental agreement by behaving in a disorderly manner or refusing to pay the rent.

How to Evict a Roommate

If you are unhappy with the conduct of a roommate, request for your landlord to issue the roommate a request to pay the rent on time or behave in a proper manner. The notice can also include the clause that the tenant should leave the premises if they’re unable to do so. The tenant should leave the premises within a period of five days after the submission of such a notice, though this length of time can vary from state to state and from city to city, depending on local laws. An “Unlawful Detainer” complaint can also be lodged by the landlord at the Clerk of Courts office. Subsequent to the lodging of the complaint, a summons is issued to the roommate by the sheriff’s department and a court date is set.

Legalities Involved

The landlord must be in court on the date mentioned in the summons. You can accompany the landlord and present your case in court. The judge will hear the problem and a judgment will be made after the judge has taken note of the rental agreement, lease and receipts. The judge’s decision may be used to evict the roommate within the time specified in the decision. In case of noncompliance, the sheriff’s office can intervene to remove the roommate from the premise.

There is no need to tolerate disorderly, drunken or violent behavior from a roommate. The law allows you to protect yourself by ensuring that the person is evicted at the earliest possible date in such cases.

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