How to get my roommate off of our rental lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption