How to get my roommate out?

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How to get my roommate out?

My roommate was issued a verbal 30 day notice to move out since she does not pay rent and she smokes marijuana. Our landlords are renewing the lease and she will no longer be on the lease as of the first of next month. She is now saying that a verbal notice is not legal. In order to have her move out, do I still need to issue her a written notice? If so, how far in advance? If not, what do I need to do?

Asked on October 14, 2012 under Real Estate Law, Idaho

Answers:

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

Answered 9 years ago | Contributor

The fact is that if your roommate refuses to vacate, your landlord is responsible to take action; they are the appropriate party to do this, not you. Right now, you should make your landlord aware of the situation so that they can serve your roommate with a formal notice to quit the premises; if they still refuse to go then your landlord will have to file an "unlawful detainer" (i.e. eviction lawsuit). In the meantime, do nothing to force your rommate to leave, such as changing the locks or removing thier belongings; that could result in legal action against you.


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