How to Kick Out a Dangerous Roommate the Legal Way

How to Kick Out a Dangerous Roommate Using DoNotPay

, and you happen to share it with a roommate that you no longer feel safe living with. You might be seeking answers on how to kick out a dangerous roommate while you stay safe.

While it might not be easy, if you follow the rules and regulations put in place for landlords/tenants, you'll be in a better position in the long run.

Who Needs to Evict a Dangerous Roommate?

is no longer a viable person to live with and they pose a risk to your safety, if you confront them with those accusations, you will need to check your state's laws concerning eviction. In most cases, the responsibility to kick out your roommate will fall on your shoulders if you are the master tenant that sublets a room or portion of the dwelling to them.

However, if the lease is in both of your names, you will not be able to kick them out. You will need to contact the landlord to deal with the situation. The problem is, they would need proof of their behaviors before they try to take any action against them, in order to protect themselves from violating any laws.

In some states, if you find it's your responsibility, you will have to follow specific steps to evict a roommate, regardless of whether they are dangerous or not. This could include giving a 30-day notice to the person or possibly holding a court hearing prior to the eviction. If the roommate has aggressive behavior, this could put your safety at risk.

What Will the Eviction Process Look Like for You?

Each state has its own specific rules and regulations concerning evictions, so you will have to consult your state's laws to determine what steps you have to take.  If you feel you can't perform one of those steps due to disturbing behavior on the other person's part, there are options you can use to keep yourself protected while upholding the law.

  • Research your state's laws concerning evictions
  • Consult a lawyer
  • Obtain a temporary restraining order on the person, if needed
  • Write a demand letter informing them of their eviction
Know the ins and outs of all of your state's laws beforehand.If the person has been threatening you or physically aggressive towards you in the past, you may need to get a restraining order. The courts issuing it would then require the person to leave the premises immediately with all their belongings. But, be careful because the person could return to the dwelling in a more dangerous state than when they left. Local law enforcement may keep an eye on the place as they do their daily and nightly rounds of the city.
A demand letter, carefully constructed, can be a little more effective because it shows you mean business.They would know you've done your research, and you know your rights and how to protect them. Some people may back off at this point simply because they don't want to end up in the court system or jail.

It's very important to follow all the steps by the book because you're going to need them in case the person decides to defy your orders and remain in the apartment or house anyway.

What Should I Do if My Roommate Refuses to Leave the Premises?

If you have done all you can to remove them from the premises, and they refuse to leave, you might have to resort to an eviction lawsuit. It wouldn't hurt to consult a lawyer early on in the process, so they're up to date on the situation and can get the ball rolling immediately if your efforts aren't working. This would get the court system involved.

You can also discuss the situation with the landlord of the property. They could get involved to have the person removed. However, if they see no viable solution to the problem, they could ultimately decide to simply terminate all residents of that dwelling, including you, to be done with it.

You could also seek out resources, like women's shelters, or get a restraining order if you fear the person will retaliate in an aggressive way towards you.

What You Can’t Do to Evict a Roommate?

Getting rid of a roommate due to their behavior might be necessary, but there are things you can't do that could actually get you in trouble instead. Some of those include:

  • Lock the person out of the apartment/house
  • Physically remove the person
  • Threaten them with harm to get them to leave

You can't remove your roommate's items and then lock them out of the apartment or house, thinking that it will get rid of them. You also can't physically remove them or get a friend to manhandle them out the door. The person, whether dangerous or not, will still have rights in this situation, and you could be infringing on them. Any threats of harm you make against them could also be used against you, so don't do it. Follow your state's laws.

What Does a Demand Letter Require?

When creating a demand letter to give to your roommate, there are several things you need to make sure are included in the letter to cover all your bases. Some of them include:

  1. Person's name
  2. The address of the rental property
  3. List of offenses
  4. Give a date when they need to leave
  5. State ramifications if they fail to comply

If there's an agreement between you and the roommate, you need to list out all the violations they have, like failure to pay rent, etc. You will be required to give them a certain number of days to comply, which is usually 30 days. Then make sure you clearly state what will happen if they fail to leave by the date you give.

Keep your language professional only. Do not make statements like "you jerk!" It needs to read like a legal document, which can be difficult to do when you're angry or scared of the person. If things escalate and a lawsuit is needed, you will have to show the demand letter to the court, who might not take it seriously if you used vulgar language or threatening statements in it. In this case, you can use DoNotPay to help.

How to Kick Out a Dangerous Roommate Using DoNotPay

DoNotPay can easily handle the demand letter for you. They know how to carefully craft a letter like this so that it looks like a lawyer did it. Everything will be included that's necessary, and you won't have to do much outside of giving us the key pieces of information we need. To use our tool:

  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.

Once the person receives the letter, you'll need to wait until the date specified for their departure. If you feel unsafe, you might need to stay elsewhere until they're gone, and you might want to remove any of your valuables in case they get destructive. Also, it wouldn't hurt to inform the landlord if the person destroys any part of the property. They may have to go after them legally, if necessary.

What Else Can DoNotPay Do for You?

DoNotPay not only writes demand letters for you, but we can also help you with other landlords/tenant issues, such as:

You have the right to feel safe in your home or apartment. If a roommate violates that right, you should consider evicting them from the property. Make sure to use our to ensure that you get a professionally written demand letter so you can get back to feeling secure in your own home.

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