If I want to evict a roommate that lives with me, what is the process so I can get him out without any issue?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I want to evict a roommate that lives with me, what is the process so I can get him out without any issue?

This roommate has lived with me for almost 2 months and there was a verbal agreement that he would leave my house in a month from now. I feel he is going to try to break that agreement and I want to stick around passed the the agreed upon date.

Asked on May 31, 2012 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Who is the landlord? If it is you (he is renting or subletting from you; or it is your house or condo), you may evict him as per an agreement terminating his tenancy; at the end of a written lease for a set period of time; on 30 days notice if he is a month-to-month tenant (which would be the case if there is no written lease; oral leases are always month to month); or for a breach of the lease, like failure to pay. However, you cannot begin or initiate eviction until the roommate has actually given you cause. Therefore, if the eviction is as per an agreement (the verbal agreement) terminating his tenancy, you could not bring an eviction action until he has failed to move out on the agreed-upon date.

If you are not the landlord--so if, for example, you both rent from a third party--you cannot evict him; only the landlord may evict, and only for valid cause, as set out above.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption