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Can you kick out a roommate (not on lease) without notice ?? Roomate

Discussion in 'Roomate & Joint Leases' started by whatisthis, Jan 6, 2017.

  1. whatisthis

    whatisthis Law Topic Starter Guest

    So my daughter is a senior in college and had a new roommate this year as her old roommate graduated last year and she is having issues to where we decided it's best to get rid of her roommate (if possible). My daughter is the only one on the lease and I had to co-sign due to her age/job status (student), so it's just our names.

    (1) can we kick her roommate out (or better yet, get the apartment complex) to kick her out so my daughter doesn't have to deal with it? or does anyone have a better suggestion?
    (2) more importantly, is my daughter's safety, knowing she has a boyfriend there. can we by pass any of these 7 day / 30 day notices and tell her to leave now?
    it'll create a bad situation kicking someone out and having to live with them for 30 days. Can we get her to leave now (hotel/motel/wherever) and tell her never to come back again until she finds another place, than she can come back as a one time occurrence only to move her belongings (which isn't much considering she doesn't even have dishes and has to use my daughters)

    Won't bore with issues but (if you are interested) they include:
    -roommate breaks into her locked room with a credit card and does God knows what
    -roommate has a boyfriend who basically lives in their living room (every thing in the living room is owned by my daughter) and he's there when she's not home and just drinks 24x7 (he doesn't pay a dime for anything)
    -roommate is constantly late paying rent/bills (not sure if she's missed any payments) but my daughter ends up paying to avoid late fees and has to chase her down for payment
    -and there seems like there is much much more, but I sensed my daughter get emotional on the subject and I've heard enough to where we both decided she needs to leave
  2. army judge

    army judge Super Moderator

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    If you want the person gone, you have two options.
    Your daughter can bring an eviction action in the proper court in their county.
    If she's LUCKY, a judge might order her gone by late March, early April.

    Your daughter can offer the other party $200, $500, or some other sum to leave within 24 hours. The deadbeat gets the money AFTER all her stiff has been removed from the premises, and she signs a statement to the affect: "I'm voluntarily leaving 1234 Smith Street, City of Edication, State of Knowledge on 01 February 2017. Upon my final departure from the aforementioned premises, Susie Smart will deliver to me Molly Messmaker $200 in cash after I've returned the keys and removed all my belongings."

    Roommate situations rarely work out these days. Too many dad gum deadbeats and louts.
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Look mom, you can post all over the internet on various forums looking for the same advice but if the roommate pays her share of the rent (even if your daughter has to chase her down for it) she's a tenant (albeit perhaps on a month to month lease) and has the right to live there.

    Now...she doesn't have the right to break into your daughters room. Has your daughter called the police regarding this matter? Spoken with management regarding the boyfriend who is parked on the couch?

    And no; neither you nor your daughter can simply kick her out. In fact, it's doubtful whether your daughter can even evict her since it's not even clear if either you or her are her landlords.


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