my roommate didnt sign the lease and we want her out how can we legally kick her out?

Question

well my roomate didnt sign the lease when she moved in and now we want her out, doesnt she have to sign the lease to have part ownership of the apartment, the management said she has as much right as i do since she has her things here and i find that hard to believe since she didnt sign the lease, we want her out and she doesnt want to leave, i mean what if she didnt pay rent and bailed on us, does she have to cause she wouldnt be part of the lease, please help how can i get her out!!!

Answer 1

In most states she has a residence there because her belongings are there. You will need to go to court and get a court order. After you have given her written notice that you want her out. First check with your courthouse and they can inform you on correct procedures.
It is not as easy as most people think to evict a roommate. It aslo depends upon state law.

Answer 2

Unfortunately, assholes are usually that way for life so he's going to make you miserable no matter what you do. As far as your legal rights, if your name is not on the lease, you don't get any protections the lease would offer you if THE LANDLORD/management tried to kick you out without proper notice. You technically are not a tenant there. But, your roommate is not the landlord either and there is a written agreement between you. What notice does the written agreement say you will give each other? Does the agreement you signed say he will give you the security deposit back when you leave? You have whatever rights are in the agreement you both signed. If the signed agreement says he would give you 30 days and return your deposit, then remind him of that. If there is no mention of number of days notice and how the security deposit is handled, then he can be a dick all he wants in order to drive you out of there. You have the right to take him to court and ask for the 30 days notice and your half of the deposit, but you would have to convince a judge that your roommate should be considered a landlord and you should have the rights of a tenant, plus whatever the two of you agreed to in writing. Your roommate knows all of this would take time and money, and by the time the case got decided a month would be up anyway. So he is trying to make your life so miserable that he gets his way and you leave. You could try to bluff him and say you consulted a landlord-tenant attorney and they said since he acts like a landlord, telling you when you have to go, he also must adhere to laws about notice and give you notice in writing for 30 days notice. He could fall for it or say Yeah? Sue me. Acting the way he is, he will probably try to keep your half of the deposit, but you can ask for that back and tell him his new roomie can pony up the benjamins. Again, he is likely to stall, say you damaged something, bedroom needs repainting, whatever, and that he is keeping your money to pay for that. Lesson learned? Get every little frickin detail in writing, but even then someone can be an ***. Some people are assholes. Even formerly good friends can turn into bad roomies, so you're not alone. You should tell him the lawyer told you that you get 30 days notice and the $450 back, but you're willing to leave in two weeks if he gives you the $450 in cash up front. He is just going to make things difficult so get your money and run. You must have a friend who can take you in for a couple of weeks while you look for a new place? If there are any colleges near you, call student services and ask if there is a school community board, online site, or newspaper with postings for roommates. Students are much more likely to have cheaper digs. Also, there are a lot of home sharing opps on Craigslist that are affordable. You could find a room in a house with kitchen privileges etc. on a short term basis to hold you over until you found an arrangement you liked better.

Answer 3

You could take legal action but then you would have to deal with a probably long and drawn out lawsuit and lawyers fees, which can be very expensive. A positive is that you do have the legal upper hand, and i am sure she knows that. I would sit down and talk to her nicely, (if she doesn't cooperate remind her she is not on the lease and has no rights to the apartment). She is an adult and she deserves to be treated that way. Ask her what her alternate housing options are because living with you is not working out. Offer your help in finding her another place. Obviously she was a friend of yours at one point because you let her move into your apartment. Do you really want to cost yourself loads of money and a friend. Do the right thing and maturely talk to her. God Bless.

Answer 4

You may just give her her 30 days to vacate the appartment, in writing, keep a copy for your records. If she is not on the lease (At all) she has to vacate the appartment. If she is on the lease however, even if she did not sign it, well, it is more complicated. You may want to check with a real estate attorney if you need to.
Also, it may be a good idea to check your lease to see if the Manager has a valid argument. I advised you do to so in writing in the event she decides to take you to court, you and your friends did the decent thing by giving her 30 days to find another residence, rather than just trowing her out on the street like she may claim. And get her to sign the Notice, requesting that she vacate the appartment within 30 days. Good Luck!

Answer 5

If she didn't sign the lease, then it sounds to me that she has no legal right to be there. I'm suprised that the management of the apartment is not upset with you for having someone there that didn't sign the lease! And why would someone want to live where they are not wanted? Sounds like a bad deal to me. Guess you put all her things outside while she is gone and change the locks?

Answer 6

It depends by state, but if she has been paying rent and her stuff is there, then you will have to follow the legal rules as if she signed the lease. However, if she has not been paying any rent, then you can kick her out. Time is also another factor. If she has been there and paying rent for like the past few months then it will be like if she was on the lease.

Answer 7

Simple, contact a lawyer have him file suite against the landlord. The landlord is insisting that you maintain this person in the apartment and it does not say so in the lease you signed.

No need to file suite, a letter from the lawyer should do the task. You should consider moving, leaving the non lease holder as the renter of the property. Be sure the landlord understand and agree that the other person will be staying and your deposit is to be returned to you.

Answer 8

Okay, if your roommate has keys to your apartment, it is termed 'implied tenancy'. This means that the law recognizes that she lives there.

However, as she did not sign a lease, nor - can I assume? - is there an oral lease (just as legally binding but more difficult to prove existence of) you must notify her in writing that she has thirty days to remove herself and her belongings from the apartment. If she doesn't leave on the thirtieth day, THEN you can notify the authorities and have the sheriff physically remove her.

A word of wisdom from someone who has been there: GET YOUR KEYS BACK FROM HER!! If she doesn't return them, immediately have your landlord change the locks. You won't be sorry you did (you might be sorry if you don't).

Good Luck!

Answer 9

I'm no lawyer, but I'm pretty sure if she's not married to anyone in the household and she's not on the lease, you could easily call the police and have her removed. If you're looking for a less controversial method, I'd say move all her **** on the front porch when she's not home and change the locks.

Answer 10

You're going to have to contact an attorney. If her things are there, and she has lived there for a certain amount of time (it varies from state to state) - then you can't just make her leave right now. Just went through this with a friend of mine who had an undesireable roommate - you would NOT beleive the nightmare he went through to get the guy out! We started with police and apartment management - ZIP, ZILCH, ZERO results.