How to go about evicting a roommate?

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How to go about evicting a roommate?

My son found an apartment a few months ago and signed a lease with his girlfriend. They got into a few fights and now he wants her to leave and she doesn’t want to go. How can he get her to leave? He does not want to move since he found the apartment and it wasn’t easy to find. He has an extra bedroom for his daughter there that he had by a previous girlfriend.

Asked on December 18, 2012 under Real Estate Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, roommate's cannot evict other roommates; that is a job for a landlord. Since this girl is also on the lease, unless she breaks some term of the contract, there are no grounds for eviction.

If your son really doesn't want to live with her, he can leave but he will remain liable for all remaining rent payments unless he can find a replacement tenant (and that tenant is approved by his landlord).


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