Your Roomate's Eviction Rights

Eviction rights are tenant rights that come into play when you want to have your roommate evicted. So long as the lease is in force, he or she can't be removed without proper cause. If the proper cause can be proven, your roommate had a right to challenge the eviction. So if you want to evict your roommate, you would have to be ready to make a good case and you would have to prepare for the possibility that it won't work.

Getting Your Roommate Evicted

A landlord cannot evict a tenant before the lease runs out unless a tenant either violated the terms of his or her lease or committed a serious crime (acting as a prostitute (of either gender), buying and/or selling drugs, etc). If you have any evidence that either applies to your roommate, bring that evidence to your landlord. Please note that many landlords would be reluctant to cooperate with you unless your evidence is solid.

If the landlord decided to go ahead with the eviction, he or she will give your roommate a notice stating that he has 15-30 days (the exact number depends on the state) to leave voluntarily. If the notice isn't issued, your roommate will have a right to appeal the eviction. He or she may also appeal the eviction by demonstrating that either the apartment was in an unsafe or unhealthy condition or that the landlord failed to address his or her complaints. If your roommate can successfully prove that either was the case, your roommate won't be evicted and you'll have to wait until his or her lease runs out.

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