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How to Evict A Roommate With No Rental Agreement

When you need a roommate to make your rent with, you can’t always be too choosy. On some occasions, the demands of the moment will tend to outweigh any future considerations. As a result, you can sometimes end up making decisions that you may have occasion to regret as things progress.

However, this doesn’t mean that you have to live forever with a bad decision. If you feel the need to evict a roommate, there are options that are available for you to make use of. This will be particularly true if you took on an extra person in your home without an official roommate agreement, or more importantly, a lease agreement, in place.

You Can Evict a Roommate Even if No Rental Agreement is in Place

If you find that conditions with your roommate just aren’t working out, you don’t have to feel that you are stuck with them forever. Even if you never signed a rental agreement with them, there are still measures that you can make use of in order to remove them.

The main problem you will have is that your roommate is not named on the lease itself. This means that legally speaking, they are not bound by the terms of the rental agreement that you have with your landlord. On the other hand, they are also not protected by the basic renter’s rights that you gained access to when you signed the leasing agreement with the property owner.

You Can Attempt to Evict Your Roommate By Yourself

There are several measures that you can take in order to evict an unwanted roommate. For example, you may be able to simply ask them to leave. Sometimes this is more than enough. However, if you have done so and your roommate refuses to leave, you may have to have access to stronger measures.

You may wish to draw up and then provide your unwanted roommate with written notice of eviction. It’s always best to make this as fair and practical as possible so as to encourage them to leave in the shortest amount of time. For example, you should give them 30 days to get their affairs together and find a new place to go to.

Make sure that you keep a copy of this written eviction notice for your own records. This is particularly important in case your roommate refuses to abide by the terms you have laid down. You can then take this document to your landlord or hand it to your lawyer in case you need to go to court to finally get rid of your roommate.

You Can Go Directly to the Landlord

If you can’t convince your roommate to leave your apartment after giving them a handwritten eviction notice, you can try going directly to your landlord. This is a bit risky if you have not already made your landlord aware of the fact that you have taken on a roommate that did not sign on to the official leasing agreement.

However, if the landlord is already aware of this fact, you can turn to them for help in getting rid of your unwanted roommate. Since your landlord is the owner of the property, they can take the necessary legal action. This can take several forms. One of the most effective ways is to file a criminal trespass complaint.

You May Have to Take Your Roommate to Court

If none of the above measures results in you getting rid of your roommate, you may have to turn to legal action. You may have to file a complaint in court to get rid of them. You have the right to have your case heard in a court of law and decided upon by a judge.

However, you should also keep in mind that this action may also carry its own series of risks. Remember that it is always possible that the judge may decide to rule against you in favor of your roommate. They can also simply rule to allow the owner of the property to evict all parties involved in the case, including you as well.

How to Create the Perfect Roommate Agreement Template

When it comes to drawing up the best roommate agreement template, there are a number of very important factors that you will need to keep in mind at all times. First of all is the amount of rent that you desire your roommate to contribute on a weekly or monthly basis.

There is also the issue of laying down the precise rules that you desire your roommate to follow. These can be stated very clearly in your roommate rental agreement so that there are no grey areas subject to misunderstanding. Finally, you can also include steps for removing your roommate if they do not agree to follow the rules that you have laid down for them to follow.

Contact Us for More Info

If you are thinking of taking on a new roommate and thus require a workable roommate agreement template, we can help. We can provide you with all of the legal documents you need to create a legally binding rental agreement template. This agreement can be designed to cover everything from roommate rules to the degree of the rent split. Log on to our site today to get your free rental agreement pdf and more info.

Written Source with Photos by Paolo Nicolello and Ali Yahya on Unsplash



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