They can make your life difficult, but as long as your name is on the lease, you have the same rights to your apartment as your roommate. Your roommate cannot withdraw you from the lease if it has not expired. If a roommate tries to remove you from the lease, it`s an illegal eviction. The only way for a roommate to withdraw you from the lease is to file an eviction complaint with the housing court. To learn more, click here. Once you think about getting a replacement (and checking them out so it never happens again), we can pick up the slack. Our tenant plan is designed to take care of replacing roommates in a lease, so neither you nor your landlord have to manage the process. To evict a roommate in California, a tenant must follow the following process: If you`re the only one in the lease, you can probably evict your roommate. This also applies if you have a separate sublease agreement with your roommate who sublets on your behalf. You can evict in these situations because you are legally considered your roommate`s landlord. Follow the same eviction procedure as a typical landlord performing an eviction. You should also consider speaking to a lawyer who regularly handles landlord/tenant/eviction issues.
The lawyer can talk to you about the laws, but also about your specific situation and protect you to make sure you don`t make a bad roommate situation worse by getting into legal trouble. It is also possible that the wrong roommate does not have a contract and has been brought to the landlord without notice. This is often the case with a family member or loved one who has moved under the radar. In this case, the landlord or main tenant must act to evict them. Many of us have been there before – stuck with a bad roommate. In this city, where high rents force many of us to live with new friends and strangers, many people have roommates they can`t get along with. In California, you are not always required by law to provide a reason for deportation. There are certain situations where you need to provide a just reason, and in these cases, you are allowed to evict your roommate much faster, as eviction is seen as a justified response to a roommate`s bad behavior.
If your roommate does any of the following, the law supports you on eviction and you can only cancel three days in advance. You can only evict your roommate if they are not in the lease or if they are your subtenant. Most laws relating to rented apartments in Texas are found in Title 8, Chapter 92 of the Texas Property Code. This law states that a lease can be entered into orally or in writing and can be entered into between a tenant and a subtenant. Thus, when a tenant brings another person to live in the apartment, he creates a new “lease” and becomes a kind of “landlord” himself. So, to get your roommate out, you need to start an eviction procedure, just like a landlord. If your roommate does something illegal — like taking drugs, being violent, or threatening you — it`s pretty easy to get them out by filing a police report followed by a restraining order. But if your roommate is just boring, your job will be harder, especially if their name is on the lease. A roommate agreement exists if all roommates have a contractual relationship with the landlord. Both roommates pay the rent directly to the landlord. In addition, a roommate cannot evict a roommate from a tenancy without a valid reason. For example, in California, if rent is not paid, a landlord submits a three-day notice period to pay or cancel rent.
According to this notification, the co-tenant must pay all rents retroactively within three days of the delivery of the notice or, failing that, leave the premises. The notice period varies from jurisdiction to jurisdiction and for different types of violations. You sit down the roommate, explain why it doesn`t work, and politely ask them to leave. If he flatly refuses, you realize that you have an even bigger problem than you thought. In many cases, the eviction of a roommate should begin with the termination of the tenancy. While this isn`t required by law in some states, it`s still a good idea. The principal tenant can prepare this notice even if the wrong roommate has not signed a lease or lease agreement with the person. The termination form varies from state to state, so it`s a good idea to check local laws with the local court or rent control office to determine if an exact wording or pre-printed form is required. In general, this is not the case. If the wrong roommate moves out in response to the resignation letter, the challenge is over.