How do I evict a roommate?

UPDATED: Sep 30, 2022

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How do I evict a roommate?

I have a roommate that I would like to move out we do not have a lease set up or anything and

I own the place. How can I get him out if he does not want to leave? Am i able to turn off the power to his room? And do I still have to provide such amenities as a stove or allow him to use any orther appliances?

Asked on January 13, 2017 under Real Estate Law, Iowa


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

Answered 5 years ago | Contributor

Since there is no written lease, you have what is know as a "month-to-month" tenant. this means that you need to provide a 30 day written notice to "quit" the premises. If aftert hat point, this roommate has still not vacted, you will need to file for an eviction (aks "unlawful detainer"). If the court rules in your favor, they will either have to leave the premises by the specified date or the sheriff will remove them. In the meantime do not undertake any "self-help" remedies such as changing the locks, removing their belongings, etc. If you do you could be sued for unlawful eviction. What you can do now is to contact an attorney who specializes landlord-tenant cases as they can advise you of the correct way in which to go about this. Just know that all procedures must be adhered or else you will need to start the whole process over again. Here is a link to a site that you will find to be of help:

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 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.

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