What options do I have to evictmy roommateand what steps should I go through?

I have a roommate who moved in with me 12 days ago. He is not on any kind of lease and hasn’t even paid his security deposit that was due 3 days ago. He has done many things that are intolerable and continues to do them after being confronted about them (playing loud music in the middle of the night, doing drugs, disrupting the neighbors, etc.) Last night we got a call from his step-mom saying that him and his friend took his mom hostage (I found out after he moved in that they’re all trouble makers) My other 2 roommates and I had to leave the house at 1 am because of this. We want him gone.

Asked on September 4, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is this roommate a tenant of yours where you are subleasing him a room in the place you are renting or is he a tenant of the landlord directly? If the roommate is subleasing from you, serve him with a thirty (30) day notice to vacate. If he does not vacate after thirty (30) days, you will need to file an eviction proceeding against him (unlawful detainer action) and have it served upon him where hopefully the court will order him out of your rental.

If the landlord has an agreement with this problem tenant, you need to contact the landlord about the problems you are having and seek assistance from your landlord to evict the new roommate.

Another option is simply ask the new roommate to leave as soon as possible. This might be the quickest way to get rid of him.

Good luck.

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