If we’re having trouble with one our roommates, how do we get them to leave the apartment?

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If we’re having trouble with one our roommates, how do we get them to leave the apartment?

Asked on March 31, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot evict the roommate--only the landlord can. And the landlord can only evict the roommate for good cause, such as the roommate is disturbing the right to "quiet enjoyment" of other tenants, or is deliberately damaging the landlord's property, or is violating some material (important) provison of the lease, or is threatening the landlord. It is unlikely therefore  that you can force the roomate to leave simply because you are "having trouble" with that person. You could try to negotiate with him/her to leave--e.g. pay him/her to move out, and also promise in writing to cover his/her rent obligations. As long as you continue to pay all the rent due and  owing, the landlord should not care if the roommate moves out.


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