How To Kick Out A Roommate In 3 Easy Steps

Landlord Protection How To Kick Out A Roommate In 3 Easy Steps

How To Kick Out A Roommate Easily

There are many reasons to kick out a roommate, but not many ways to legally evict them. If you are sharing a space with a nuisance roommate, you may want to learn how to kick out a roommate. 

Evicting a roommate can be as frustrating as evicting a tenant. It may end in a lawsuit and can be an expensive process. It helps to know how to kick out a roommate. DoNotPay can make evicting a roommate stress-free.

Can You Legally Evict a Roommate?

If you want to evict a roommate, there are several questions you must answer before finding out how to kick out a roommate. While you may call them a roommate, the person sharing accommodations with you can be identified as one of the following:

RoommateShares a portion of the living expenses with one or more other parties. They may sign the lease as a co-tenant or pay directly to you or another roommate but are typically viewed as a tenant.
GuestInvited to stay for a limited time by a tenant or roommate. In some states, guests that pay rent to extend their stay are legally tenants and can be difficult to remove.
SubtenantRents space on a sublease agreement with the primary tenant. The eviction process is nearly identical to the process a landlord follows to evict a tenant.

It can be difficult to determine the legal definition of your roommate arrangement, but understanding the legal definition is critical to kicking out your roommate. DoNotPay makes it easy to follow the legal eviction process in any state from start to finish.

Sue Now With DoNotPay

When you rely on DoNotPay, you have the power of the world's first robot lawyer at the click of a button. You can sue anyone for almost anything with DoNotPay. We present the best small claims case possible. We can help you with the following tenant/landlord issues:

How to Kick Out a Roommate on Your Own

While it can be more or less difficult to evict a roommate depending on your state, the process is similar. It can consume your time, money, and patience. Here are the steps to take when evicting a roommate.

If You Own the Property

When you are the property owner, you can take matters into your own hands, but you must follow your state's protocol and give due notice to the roommate. If the roommate declines, you will need to take legal action. It can be frustrating to figure out the vital process of delivering an eviction notice in your state.

States like Texas and Arizona allow you to contact a county constable to serve an eviction notice. In other states like New York and Washington, you must give the roommate a written eviction notice before going to court to have them legally removed. You can file the following eviction types, depending on your state:

  • Writ of possession actions
  • Unlawful or wrongful detainer
  • Forcible entry or detainer
  • Eviction or summary possession
  • Trespass

After filing the correct case, serve the notice to your roommate. You will need to attend the hearing and wait for the court's verdict. If the court rules against your eviction request, you will need to appeal the judgment and have it overturned to evict them. Going to court can be expensive and time-consuming, especially if you need to appeal to the court. DoNotPay makes it simple to file the correct paperwork and builds an eviction case on your behalf.

If You Are Renting From a Landlord

If you are renting the property along with a roommate, you will need to request the roommate's eviction from the landlord. Before you go to the landlord, it is critical to review your lease agreement and make sure your arrangement with the roommate is permitted. The landlord could evict you and the roommate if the roommate was not authorized to stay.

If the roommate is not on the lease, has an unauthorized sublease, or is simply a guest, the landlord may still need to go through a legal process, depending on the state. The landlord will likely seek to evict you for violating the lease agreement. DoNotPay can help you with legal issues involving your landlord or roommate.

How to Evict Your Roommate With DoNotPay

Whether you are the landlord or tenant, navigating an eviction can be frustrating. Legal battles can end up being dragged out much longer than you might expect, and the judge may rule against you. It can also be expensive to hire a legal representative and time-consuming to research legal terms on your own. DoNotPay makes it easy to sue from our mobile app or website.

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

  1. Get back your security deposits
  2. Learn about your state's eviction laws and what protections apply in your case
  3. Resolve disputes regarding repairs with your landlord
  4. Resolve disputes with roommates by filing demand letters or going through small claims court
  5. Break your lease early

How to break a lease in any state using DoNotPay:

If you want to break a lease but don't know where to start, DoNotPay has you covered in four easy steps:

  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 landlord directly once your demands are sent.

If you are having a problem with a landlord, tenant, or roommate, DoNotPay can help you. DoNotPay works in every state and makes it quick and easy to bring your case to court. Sign up for DoNotPay today!

Want your issue solved now?