CanI get my roommate evicted or can Ibreak my lease if he is stealing from me?

UPDATED: Feb 8, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 8, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI get my roommate evicted or can Ibreak my lease if he is stealing from me?

My roommate is stealing from me. He’s taken $80 and broken my key-locked door handle. I have a recording of him, what now? The recording shows him first messing with the handle, even though I had not informed him that it was mysteriously broken. He then moved further into the room, picked up my computer speaker and examined it as if it was a recording device. He then proceeded to look around but did not take anything, shut the door, and never came back in. Can I get him evicted for entering my room through a closed but unlocked door? If not, is the video enough for me to break my lease if the landlord is unwilling to evict him?

Asked on February 8, 2011 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) You can't evict your roommate, but your landlord may be able to; all tenants have a right to quiet enjoyment, and not only is that right enforceable vs. the landlord himself, but the landlord must enforce it against other tenants who disturb or harass a tenant--or steal from them. You need to report this to the landlord and provide whatever evidence you have. If the landlord won't act, you'll need to decide whether it's worthwhile going to court and trying to force the landlord to act.

2) This does not give you the right to break your lease--at least not until you've tried to get the landlord to take steps and he's refused to; then you *might* have grounds to break the lease w/out liabilty, but should consult with a landlord-tenant attorney about your specific situation first..

3) If you have evidence of theft, you can report the roommate to the police and/or sue him for what he's taken.

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 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 lock Secured with SHA-256 Encryption