If I want to evict a roommate that lives with me, what is the process so I can get him out without any issue?

UPDATED: May 31, 2012

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If I want to evict a roommate that lives with me, what is the process so I can get him out without any issue?

This roommate has lived with me for almost 2 months and there was a verbal agreement that he would leave my house in a month from now. I feel he is going to try to break that agreement and I want to stick around passed the the agreed upon date.

Asked on May 31, 2012 under Real Estate Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Who is the landlord? If it is you (he is renting or subletting from you; or it is your house or condo), you may evict him as per an agreement terminating his tenancy; at the end of a written lease for a set period of time; on 30 days notice if he is a month-to-month tenant (which would be the case if there is no written lease; oral leases are always month to month); or for a breach of the lease, like failure to pay. However, you cannot begin or initiate eviction until the roommate has actually given you cause. Therefore, if the eviction is as per an agreement (the verbal agreement) terminating his tenancy, you could not bring an eviction action until he has failed to move out on the agreed-upon date.

If you are not the landlord--so if, for example, you both rent from a third party--you cannot evict him; only the landlord may evict, and only for valid cause, as set out above.

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