Without any legal problems
2006-07-10 09:32:51 · 11 answers · asked by Brad C 1 in Politics & Government ➔ Law Enforcement & Police
Only if you are sure that your roomie will not have any documents/proofs to establish the fact that he was there as a roommate-- if he has been paying you rent in form of check, or if he has mails coming at that address over a period of time (a small period of time can be treated as a guest) or other such things, then you can NOT kick the roomie out anytime.... those things would mean that you accepted to have him as a roommate (even though there is no such agreement on paper)---
so forget about kicking anytime..... send an eviction notice and do it legally if you have to....if it can be dangerous to live with the roomie after you give the eviction notice, call the cops .....
2006-07-10 09:56:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Short answer: No, almost certainly not.
Longer answer: the exact laws vary by state, but most of the require that, if he's been living there legally (i.e. with your consent), he's got the right to some notification before you kick him out. If his name's on any legal documentation--lease, renter's agreement--there's always a state-law process for dealing with that.
In some states, for someone who's not on the lease, the warning time is as little as three days, but it takes written notification that's worded just right--check your local laws. In other states, it's 30 days notice... and in some, especially ones with winters harsh enough to kill people who get evicted, it may take longer.
There is pretty much no way to say "take your stuff and be gone by morning." Not unless he's violating the terms of your rental agreement by being there... in which case, your landlord can do the same to you.
2006-07-10 17:07:22 · answer #2 · answered by Elfwreck 6 · 0⤊ 0⤋
It varies by state and in some cases by local ordinance. Generally if someone actually lives at a specific location you cannot remove them against their will without an eviction (also called a dispossessory). The intent of the eviction process is to ensure that the person being evicted at the force of the government (facing possible arrest) is having their right to "due process" under the law. If you're in the United States, it is very likely that if you have allowed the person to establish residence (contributing to the household, living there for more than a couple of weeks, receiving mail, etc) then you will have to go to your local court house or sheriff's office to begin the process.
2006-07-10 18:20:28 · answer #3 · answered by taters_0 3 · 0⤊ 0⤋
Depending on how long your roomie has lived there (in most states one year some states only 6 mon. to establish residency)you may have to give a written notice of eviction which usually gives them 3 days to leave,be sure to include the removal of all personal belongings as well in the notice.
2006-07-10 16:45:25 · answer #4 · answered by Joshua S 1 · 0⤊ 0⤋
Your roommate has established residency. Since they are not part of the lease, it would be considered a verbal month-to-month lease. In nearly all states, you are required to serve them with proper notice (typically 60 days, sometimes 30 days--almost never less than 30).
In the same way your roommate is required to provide you with notice of their intent to vacate, you are required to provide them with the same courtesy---UNLESS you can show (and show with little doubt) that they have done something to put your health and/or safety at risk, in which case you may be able to "constructively" evict them without proper notice.
2006-07-10 16:50:55 · answer #5 · answered by Ceroulious 2 · 0⤊ 0⤋
man, i feel so so bad for you right now. my advise to you is to make it absolutely unbearable for your roomie to stay. You could always laugh abou it later, but for now, Dont throw 'em out - otherwise you'll be involved in a long drawn out legal battle which will destroy your relationship with this person and will not end up nice for any one. You can have fun trying to annoy your roomie by playing loud music at all times,(music you know they dont like) keeping the apt a pig pen complete with smell and flys and such. Ask for a local bible study to come by early in the morning . get a sick pet . re-decorate the place to look awful. invite a gang of thugs to hang out in front of you building.whatever.... the point is make him / her leave. if you throw them out you can get in trouble legally and they can keep in you in court forever. Perhaps this is what motivated the move-in to begin with. good luck! you' re gonna need it.
2006-07-10 16:52:52 · answer #6 · answered by tegodreaux 2 · 0⤊ 0⤋
I want to know the answer to this. Like what if you have a fight, I would guess they would have to leave since it is YOUR apartment, I dont know how many rights a roomate has if they are not on the lease, also if they arent on the lease they can leave whenever they want and dont have to worry about the rent.
2006-07-10 16:36:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I always hate to give this answer, but it depends on several things. Check the real estate laws in your state specifically referring to tenants/roommates. If you live in a state with a cold winter, it is likely that you will not be able to kick them out then.
2006-07-10 16:36:36 · answer #8 · answered by LorgSkyegon 2 · 0⤊ 0⤋
No, if they have established residence they don't have to be on the lease. Look up your state's particular laws.
2006-07-10 16:36:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If it only your name on the lease just tell him to get out...it he doesn't call the cops they will take him out...
2006-07-10 16:35:58 · answer #10 · answered by ERICKSMAMA 5 · 0⤊ 0⤋