can i evict my roommate?

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useplanb

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I have a roommate to whom I rented out a room as a favor while he got back on her feet. He is not on the lease. I am the only lease holder. I want to evict him because of personal differences that are unresolvable. When I asked him to move out, he refused. I want to serve him with a 30 days' notice, but the problem is that my lease only allows for me to have 1 roommate, and I have another one. Will taking him to court potentially get me evicted from my apartment? Or is it up to the landlords? Would it be wise to talk with them? Please help!
 
This is a good question. You may have an issue with your landlord if you breached your lease and he finds out about it and he is not happy with you. If you can work it out with the landlord and have a good relationship, then perhaps you don'thave as much to worry about. This might be about playing a few head games and not letting the roommate know that you have any concerns with the landlord. If you act calm like you have nothing to worry about, perhaps your roommate will stop stalling.

Regardless, you should start by providing written notice as you stated using a certifiable method. Also state that your roomate will be responsible for all reasonable legal costs, costs of enforcement and other damages that may be caused by your roommate. This may be enough to move him out without having to go to court and filing.

I believe that this situation is different than if you were renting a room that would be illegal to rent, e.g. a home that is not zoned for the rental.

useplanb said:
I have a roommate to whom I rented out a room as a favor while he got back on her feet. He is not on the lease. I am the only lease holder. I want to evict him because of personal differences that are unresolvable. When I asked him to move out, he refused. I want to serve him with a 30 days' notice, but the problem is that my lease only allows for me to have 1 roommate, and I have another one. Will taking him to court potentially get me evicted from my apartment? Or is it up to the landlords? Would it be wise to talk with them? Please help!
 
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