Legal Guide

When They Wear out Their Welcome: How to Kick out an Unwanted Roommate

Having a roommate isn't always easy. Unfortunately, it's often a necessary part of life.

The good news is that you can kick the current one out and find another. Easier said than done you say? It really doesn't have to be that difficult.

Asking an unwanted roommate to move out can be awkward, but there are ways for doing it that can make it easy for everyone involved. In this article, we take a look at how to get someone out of your house who won't leave.

Keeping reading to learn everything you need to know to make an uncomfortable situation a little more bearable.

Make the Decision That You Want Them out

Everyone has a different reason for wanting a roommate to leave. Perhaps you had posted a listing on Craigslist and took a chance on a stranger, and that risk simply didn't work out. Or perhaps you invited a friend to move in, and the roommate relationship eventually soured. 

Whatever the reason, there will come a time when you simply can't them tolerate living with there any longer, and decide the moment has come to make a change.  

Have a Face-to-Face Conversation

Once that moment arrives, you'll need to bite the bullet and have a face-to-face conversation with them. This is your chance to clearly state your position. Make it very clear that you are unhappy with the living arrangements. 

It's best not to be combative, but these conversations often become tense and tempers can flare. The key is good communication. You have the right to not want to share a space with the other party anymore. If the lease is under your name, or you own the home, then you also have the legal right to ask that they leave.

Just be very clear that you've made up your mind and would like them to be out by a specific date.

Give Them a Timeline for Vacating

Now that you've discussed the situation with your roommate, making it clear that they are expected to leave, you need to provide a specific date for vacating. Depending on the situation, you'll need to give them time to find a new place. 

Keep in mind that this can be an extremely annoying and inconvenient period of time because you no longer want them there. Thus a natural tension can arise as you prepare to part ways. But you need to try to be patient. 

There are obviously certain situations when the roommate will delay the relocation process. Perhaps they appear to be dragging their feet or making excuses, or perhaps they seem to clearly be avoiding you by not answering calls or staying away when they know you'll be home.

Once you've clearly established a timetable for them to be out, and if they do not seem to have any intention to comply, you will likely need to seek other options.

Provide an Incentive

Keep in mind that finding another place to live can be stressful and expensive. This could be a significant reason for a bad roommate to delay their move. One way to encourage them to speed up the process is by offering a financial incentive.

This could include agreeing to return their security deposit or even letting them out of a month's rent so they have extra funds to apply to a new lease somewhere else. 

It can sting offering money they aren't necessarily entitled to. But in this type of situation, as unfair as it might seem, the financial sting might be of greater value than having to continue to live with them.

The financial incentive could even be something as simple and inexpensive as a gift card to a favorite restaurant or a year's worth of Netflix. The point is to create a forward momentum that will get them out the door as soon as possible.

Threaten Them with Eviction

Once it becomes clear that the individual you're living with has no intention of going anywhere, it's time for more drastic measures.

When the lease is in your name or you own the home, you have the legal right to ask them to leave. Once they've denied your request, you'll need to file a request for eviction. This will likely make your living situation even more unpleasant, but it will also help move matters along faster.

The roommate will be served with a notice of eviction that includes a date by which they are expected to vacate. 

Keep in mind that eviction can become an uphill battle. If the roommate has been otherwise abiding by the law, they still have certain rights. These are typically known as homestead rights. 

For example, if you lock them out, they could simply march right down to the police station and ask the police to help them regain access to your home. So be very aware of this before attempting to take matters into your own hands. Thus changing the locks might not be the best option for keeping them out. 

Take Them to Court

If all other reasonable efforts have failed, and the bad roommate simply refuses to budge, it's time to take serious legal action. Taking them to court can be extremely annoying and time-consuming, but it might ultimately become your only viable option.

Hiring an attorney will certainly make the process easier on you. An experienced attorney will know exactly how to handle the situation and be able to file the necessary paperwork quickly and efficiently.

Hopefully, things won't get even uglier than they already are, but you shouldn't let the unpleasant person you're living with bully you by continuing your requests that they vacate the premises immediately. However, if things escalate to a physical level make sure to hire a personal injury attorney as well.

Tips for Getting Rid of an Unwanted Roommate

When you've had enough of an unwanted roommate, it's time to make a change. This type of situation is never fun, but asking them to leave is the only way for your life to get back to normal. The tips in this article will help make the process as painless as possible.


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