How To Legally Evict a Roommate Who Isn’t Paying Rent

Nothing is more frustrating and stressful than a roommate who is not paying their share of the monthly rent. The landlord expects the entire rent to be paid and will look to all renters to satisfy the outstanding balance. As the tenant who is paying rent, you will want to take action to hold the non-paying roommate accountable. Understanding the distinctions in tenancy types, following specific eviction laws, and preparing proper documentation are essential steps. This guide walks you through the necessary preparations and legal steps to resolve this situation fairly and legally.

Legal Framework and Preparations Before Eviction

A written lease agreement is essential as it sets the foundation for a clear, enforceable relationship between the landlord and tenant.

The agreement should specify when rent is due, any grace period allowed, and the consequences for missed payments, including potential late fees and steps toward eviction if the payment remains unpaid. The agreement outlines the amount of the security deposit, the conditions for its return, and any permissible deductions (such as damages or unpaid rent). This clarity helps prevent disputes when a tenant vacates the property. The lease is why it is so important for all roommates to sign a written agreement with the landlord. That way, the roommates are co-tenants with legally enforceable agreements with the landlord.

Steps To Initiate the Eviction of a Non-Paying Roommate

If a roommate fails to pay their portion of the rent on time, the first step is to communicate with them. Direct and clear communication can resolve a majority of issues before they escalate into formal action. Phone calls or written notices are effective ways to address the unpaid rent, emphasizing the importance of resolving the issue informally. Follow up verbal communication with a written notice to document your efforts and provide a clear paper trail. This can be a letter or email outlining the unpaid rent and any potential consequences if it remains unpaid.

Serving a Formal Eviction Notice

If communication fails, the next step is to serve a formal eviction notice, which could be a “notice to quit,” “unlawful detainer,” or a 30-day notice, depending on state laws. Unless the tenant is also the landlord, they will need to have the landlord serve the eviction notice. The landlord will need to follow the state’s local laws on the required notice period. An eviction notice will need to include the amount of unpaid rent, due date, and consequences for non-compliance.

Typically, the number of days required for an eviction notice can range from 30 to 60 days. Each state can have varying notice period requirements depending on the lease and roommate’s living situation. California requires a 60-day notice if the roommate has lived in the property for more than one year; otherwise, 30 days may suffice. Florida has exceptions that allow for a seven-day notice period in certain situations. New York has the shortest amount of time required for non-payment notice at 14 days.

Follow-Up Procedures

If the non-paying roommate does not comply with the formal notice by paying the rent or vacating the property, the landlord will need to file an eviction lawsuit. The landlord will prepare necessary documents for the court, including a copy of the rental agreement, any written notices served, and documentation of unpaid rent or breach of contract. If the court rules in the landlord’s favor, the tenant must vacate the rental property.

Law Enforcement Involvement

If the roommate still refuses to vacate after a court order, law enforcement (such as a sheriff or marshal) may be required to enforce the eviction. This step involves physically removing the roommate from the property and is typically the last resort. If necessary, coordinate with local law enforcement to schedule a date for the eviction.

Landlord-Tenant Relationship Requirements

In some states, the eviction process may differ if there is no formal written lease agreement. Roommates without a formal lease agreement might be treated as “guests” rather than tenants, allowing a quicker eviction process. In New Jersey, non-paying roommates without a rental agreement are considered ” licensees,” which changes how quickly they can be removed.

Legal Protection for Certain Populations

States like California and New York offer stronger tenant protections, such as additional defenses against eviction for non-payment during declared emergencies. In areas with rent control or rent stabilization laws (e.g., parts of New York and California), evicting a non-paying roommate might require additional steps or be more restricted than in non-regulated properties.

Local Court Procedures

The process for filing an eviction lawsuit varies by state. In Texas, the process is fast, taking as little as a few weeks. In contrast, Washington state requires landlords to show “just cause” during the legal proceedings, which can extend the process by adding additional steps. Illinois has a more extensive eviction process, requiring multiple hearings and mediation before eviction can be ordered.

Alternatives to Eviction and Considerations

Several options are available to landlords and tenants that allow them to avoid going through the eviction process. A formal eviction case can significantly negatively impact your credit report and future renting ability, making it harder for you to rent in the future. While the landlord or tenant may want to get rid of the unwanted roommate, they may not want to create lasting problems for them. The possibility of an eviction can also be a negotiating leverage to convince the non-paying roommate to agree to an alternative resolution.

Avoiding Self-Help Eviction Tactics

While it can be tempting, tenants should always avoid taking self-help measures. Actions like locking the roommate out, removing their belongings, or turning off utilities (water, electricity) to force the roommate to leave. These measures are illegal in most states, including California, New York, and Texas.

Landlords or tenants who engage in self-help evictions can face significant legal penalties, such as fines or even being sued for damages. Self-help can result in being taken to court by the roommate, potentially prolonging the process and leading to financial or legal repercussions.

Exploring New Roommate or Sublease Options

Instead of initiating a legal eviction, consider finding a new roommate to take over the non-paying roommate’s portion of the rent. First, check the lease to confirm that adding a new roommate is allowed.

Another option is to contact the landlord and get special permission for the new subtenant. Subletting can be an option in many states. However, some jurisdictions, like New York, have strict rules about subletting, often requiring landlord consent in rent-controlled or rent-stabilized units.

Breaking the Lease and Moving Out

In cases where the situation is untenable, a tenant may consider breaking the lease and moving out themselves. However, this could lead to financial and legal consequences that the tenant may not want to deal with.

In states like California, tenants may break the lease early if they provide sufficient notice, but they are typically responsible for rent until a new tenant is found. Some states, such as Nevada and Florida, have specific provisions allowing lease termination if certain conditions are met, like if the property is uninhabitable or in cases of domestic violence.

Negotiation or Mediation as an Alternative

Before pursuing the eviction process, try to negotiate with the nonpaying roommate by going through mediation. This process allows the involved parties to settle the matter informally outside of going to court. Many states have a mediation program that helps parties create a payment plan agreement. Meditation is optional in some states and required as a part of the legal eviction process in others.

State-Specific Alternatives

If a tenant wants to know their options for dealing with a roommate who isn’t paying rent, they should speak with a lawyer. Each state has its own unique landlord-tenant laws. Within these laws, there could be another state-specific option for dealing with the situation. In cities with rent control, like Los Angeles and San Francisco, landlords may offer tenants a buyout agreement (paying them to leave), which can be an alternative to legal eviction. This may also apply to roommates in similar situations. In some states, like Florida, landlords or tenants can offer a “cash-for-keys” arrangement, where the non-paying roommate agrees to leave in exchange for a sum of money, avoiding the need for formal eviction.

Seeking Legal Advice and Next Steps

Knowing your legal options and tenant rights is key to reaching a fair outcome when dealing with a non-paying roommate. Evicting a non-paying roommate is never easy, but by following eviction laws and staying informed, you can confidently handle the situation. You’ll be better prepared to navigate this challenging situation with clear documentation, adherence to local laws, and an understanding of the legal process.

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