How to get my roommate off of our rental lease?

I was helping someone out and am now on a rental lease with a roommate who was in addiction recovery and has since relapsed, horribly. We are both on the lease but needed a guarantor, so my parents stepped up to do this. Since my roommate’s relapse, he has refused to leave and I am stuck in a 1 year lease with him. He will not leave. My parents and I have a good relationship with our landlord and I am hoping to re-negotiate the lease without my roommate as one of the leasees so that I can evict him. Is there a legal process for going about doing this, assuming my parents, my landlord, and I all want to get this person off the rental lease? My roommate has become very difficult to live with and we are looking at a legal way to get ourselves out of this situation, even considering hiring an attorney who specializes in real estate/rental law.

Asked on September 13, 2012 under Real Estate Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a good relationship with your landlord and if your difficult roommate has somehow breached the lease, then perhaps your landlord can evict the roommate. So long as the roommate is paying rent and not in breach of the lease, he or she is entitled to remain in the unit.

The one option is that if the lease is a month-to-month lease, then the landlord can terminate the lease with this roomate but not so with you. I suggest that you and the landlord consult with a landlord tenant attorney to see what your legal options are.

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