Do I have legal basis to accuse my roommate of trespassing?

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Do I have legal basis to accuse my roommate of trespassing?

I am sharing an apartment with two bedrooms with a roommate. The lease we signed does not say who lives in which room. However, one of us lives in one room and the other lives in the remaining room.

Asked on April 27, 2012 under Real Estate Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 9 years ago | Contributor

I am not hearing the facts for trespassing in this situation.  You may wish to consider, however, getting a different roommate, if they are messing with any of your personal property or privacy.  If you are the sole renter on the apartment lease, then your roommate would be a subtenant of yours.  You could then do an eviction of your roommate if necessary.

As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.

 

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately this is not going to be a case of trespass. This is going to be a case of invasion of privacy. You need to determine if your roommate is steeling items or simply going into your room to snoop. If this the issue, then have a heart to heart conversation with your roommate or talk to your landlord about what can be done. If you are near the end of your lease, you may wish to inform both in writing that you do not wish to renew and then seek another place to live with a new roommate or on your own.


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