Can You Kick Out Roommate Without Written Contract In Idaho

Landlord Protection Can You Kick Out Roommate Without Written Contract In Idaho

Can You Kick Out Roommate Without Written Contract In Idaho

A good roommate can be like a best friend, but a bad one can be like an arch enemy. If you're in a situation with someone who acts more like the latter, you might have wondered about how you might be able to make them leave. This is especially true if they don't have a written contract but still live with you in your rental unit. DoNotPay is here to teach you about all of this and answer the question, "?"

Eviction Laws in Idaho

Like any state, Idaho has various laws that tenants and landlords must follow when creating a lease. Some of the important points to consider are:

  • Tenants must pay rent on a yearly, monthly, or weekly basis as set by their lease.
  • Tenants are entitled to a clean and safe dwelling throughout their stay.
  • Landlords are allowed to ask for a deposit upon move-in as insurance against unreasonable damage to the dwelling by tenants.
  • Tenants cannot be evicted without cause during the duration of their lease.
  • Unreasonable rent increases are not allowed.

Relevant to this situation are oral leases. In the state of Idaho, oral leases and verbal contracts are recognized as valid by the law, but only in specific circumstances. For lease agreements, a verbal contract can only cover the period of a year or less — and only if all parties involved agree to the terms.

The exact nature of what's in a verbal contract can also be difficult to pin down for obvious reasons, meaning there are distinct disadvantages to keeping an agreement like this. If you have your own lease with the landlord in writing but have allowed your roommate to stay on a verbal lease, though, you hold the cards in this situation and will have an easier time kicking them out if you need to. Learn more about if  and how to protect yourself.

Reasons to Evict a Roommate

Kicking someone out of your home is serious. This is a decision that shouldn't be made lightly, as you're potentially forcing someone into homelessness. Unless you're absolutely sure that this is the right move to make, it's a good idea to try to work through any of your differences with your roommate before resorting to eviction.

If you're set on kicking out your roommate, ask yourself why you want to do this before you get things started. Organizing a list of reasons can not only help you assess your reasoning before you make any major decision, but it also serves as evidence to present to your roommate and anyone else involved. Some actions that may bring you to wanting an eviction are, but are not limited to:

  • Theft
  • Failure to keep communal spaces clean
  • Frequently inviting guests without permission or consideration
  • Making threats towards you or others
  • Inviting people to stay long-term without a lease or consideration of your thoughts
  • Creating an unsafe environment due to negligence or dangerous behavior
  • Failing to pay rent on time

Do You Have the Legal Power to Evict Your Roommate in Idaho?

This is a tricky question depending on your arrangement. As stated before, oral contracts are valid in the state of Idaho, though only within specific limits. While under those agreements, you or your landlord (whoever is in charge of your roommate's tenancy) would need to follow the law as written for tenants. If the agreement is informal or there's no proof of such a contract, you might have more power to compel them to leave as a guest or the like.

What to Do If Your Roommate Refuses to Leave

Your roommate refusing to leave can cause a lot of problems. Here are some situations that could happen if your roommate refuses to leave:

Contacting Your LandlordIf you're not having any luck getting your roommate to leave on your own, you can try to escalate things by taking them to your landlord. Landlords are more than happy to evict people and would no doubt do the same to your roommate. Be careful, though, as many leases prohibit subletting or allowing people to live in a rental unit that aren't on the lease, so you could be shooting yourself in the foot if you haven't been upfront about your roommate from the start.
Contacting the PoliceYou may have to contact the police to remove them from your space. Use caution when doing this, as there's never any way to predict how encounters like this can end.
Filing an EvictionFiling an eviction with the court system is another option, and being legally compelled to leave may motivate your roommate to see reason and step out without being forced. Filing the paperwork and following the process by yourself can be hard, which is where DoNotPay comes in.

DoNotPay’s simple four-step process makes evicting your roommate properly much simpler and less stressful. We’re here to help protect your renter’s rights.

What Are Your Roommate's Rights as a Tenant?

Under normal circumstances, your roommate would have the same rights as a tenant as you or anyone else renting from your landlord. However, without that rental contract, things would be a little more nebulous.

While your roommate should theoretically be offered the same protection under the law with your verbal contract, proving that a verbal contract is in place (or that it is even enforceable to begin with) can be tricky. As such, your roommate may be legally considered more like a guest than a renter and would not be protected in the same way you are with your landlord.

However, there's also the potential that they are considered a tenant, or a tenant-at-will. All of this can get quite confusing, so it's smart to use DoNotPay to help you sort through the facts.

How to Kick Out a Roommate in Idaho on Your Own

If you find yourself unable to resolve your issues with your roommate and eviction looks to be your only option, you can escalate things to that level. It's a time-consuming and very stressful process, especially with the murky nature of informal leases like this. That's one reason why DoNotPay can be such a great ally, as we have the expertise to navigate complicated situations on your behalf.

To give it a try on your own, though, you can start with these steps:

  1. Hand your roommate a formal eviction notice. Make sure to keep any documentation associated with the notice's creation, as this will serve as proof that you delivered it.
  2. If your roommate is not compliant with the notice, file for eviction with the court. You may wish to contact an attorney at this stage, as it can be hard to determine the specific court you need to file with. This also provides you with legal representation during a hearing.
  3. Attend the hearing about your case. This can last anywhere from a few hours to a few days at minimum, and it will involve presenting the evidence you've collected to explain why your roommate should be compelled to leave.
  4. Wait for the verdict. If it's in your favor, your roommate will be given a limited amount of time to move out or be arrested.
  5. If the verdict is not in your favor, you can attempt to appeal. This means an additional review of your case and more time taken for another result.

Kick Out a Roommate in Idaho With DoNotPay

If you've tried to handle your issues with your roommate on your own to no avail, let DoNotPay step in on your behalf. Just follow these four simple steps to get started:

1. Search for and open the Landlord Protection product on DoNotPay.


2. Select which issue applies to you.


3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.


4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your roommate directly once your demands are sent.

DoNotPay Can Help With All Areas of Renting

DoNotPay isn't limited to helping get rid of bad roommates. We can assist you in all areas of renting, from retrieving a security deposit to requesting repairs. If your landlord is threatening to evict you, especially without notice, we can help protect you. Also, if a landlord is shirking their duties, we can help file a complaint or even sue them.

What Else Can DoNotPay Do?

DoNotPay can do more than just help you settle disputes in rental agreements. We offer a number of other services, including:

No matter what kind of problem you might be having, DoNotPay has the resources to help simplify it. Try the app today to start saving time and effort.

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