How can you remove a roommate that is on the rental contract?

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How can you remove a roommate that is on the rental contract?

My girlfriend and I have had this roommate for 1 year or so and we have not been getting along at all. Me and my girlfriend have been living here for over 4 years and don’t want to move. The roommate has stated that she does want to move but has not. I just need some help in seeing what I can do to remove here from the rental agreement since we pay month-to-month.

Asked on November 7, 2011 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the roommate is on the lease--the rental contract--with you, you can't remove her against her will. The landlord could evict her, if she violates the lease in some way, deliberately damages his property, sufficiently disturbs the peace of other tenants (which is more than simply not getting along with them--she'd have to be doing something more generally improper, like creating excessive noise late at night). Or if the tenancy is month to month, the landlord could give her, if he chose, one month's notice that her tenancy has ended and then evict her. The important thing is, though, that if she is on the same lease or rental contract as you, you do not have a right to get rid of her--only the landlord may.

 


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