How can I evict my roommate if I'm not the landlord?

Question

My roommate won't pay her portion of the utility bills (which are all in my name) but she's continuing to pay her half of the rent to the landlord. I've spoken to the landlord but my roommate is denying that she isn't paying the utility bills and the landlord doesn't want to get in the middle so he won't kick her out. I left her a letter taped to her door offering to relieve her of all the money she owes if she agrees to leave in 30 days. Not only did she refuse to leave but she told me if I continued pressuring her she would get a temporary restraining order against me and I would have to leave. I really don't want to lose this place--especially to someone like her. The only thing I have going for me is that the security deposit we put down is in my name, so if I leave, legally I'll get all the money back. Please help!

Answer 1

I would do either:
1) Lawyer route -or-
2) Get an electrician and disconnect the electricity to her area.

If she pays, charge her for the disconnection/reconnection fees.

Answer 2

First, some facts.

(1) You can't evict your roommate. You don't have standing to do so, UNLESS YOU'RE SUBLETTING TO HER. Your landlord can't really do anything, since you're probably BOTH on the lease. You can't remove one person from a lease; it's a legal contract.
(2) You are 100% responsible for the utility bills.

I'm assuming you two have no contract except verbal. Besides removing the circuit breakers to her room, (heh heh) I would say your options are limited.

You did the right thing by writing her a letter. I assume you kept a copy. Since she is going to be unreasonable, the next step might be to sue her in small claims court for the unpaid amount.

I seriously doubt that- under the circumstances- any judge would issue a restraining order for roommates living in the same property because one of them asked the other to pay the utility bill. Tell her if she has the money for that, use it to pay the bill.

Is everything in your name? If so, you may be SUBLETTING to her (if this isn't against your lease) and then YOU are the landlord and could evict her for non-payment of rent or non-performance of lease.

It is time to visit your legal aid clinic, I'm afraid.

Answer 3

You have just run into the problem that many roomates run into. You have a user and she thinks she is just going to get away with it. You can try small claims court but you have to be able to prove your case. I would turn off anything that I could. Do not alter anything in the apartment or your landlord will be able to charge you large amounts to get everything back in working order. Ask your landlord if she would let you out of that apartment and your lease and maybe into a different apartment. I guess you can lawyer up but again you still have to prove it and if you win she will have to pay attorney fees too and if you can afford it probably your best bet. Common sense says she is liable for her half of the utilities. It would be costly but if you have a friend that will put you up for a month, turn off all the utilities but be sure you can do that without breaking lease. It's pretty hard to live without electricity/gas and definitely get rid of the telephone and get a cell phone only. She's a user and you're going to have to get nasty and fight for yourself. Bet you never get another roommate or at least not one without a written agreement between the two of you. My first roommate started dating her married boss that was into some big illegal activities and I kept hearing car motors at night. Turns out one night they came in and busted my roommate, her boss and I got rousted out late one night in a less than desirable nightgown and really bad pink curlers. My next roommate slept nude, spread eagle with her door open and that was the end of my roommates. So, how long do you have on your lease? If you don't have a lease, move and let her have it and say good riddance. Don't forget to give notice and turn off the utilities as you go. You may be able to talk to the landlord to hold the apartment for you when she leaves, if she leaves but leave with the deposit in your hand and don't even blink when you say the deposit is all yours. It's only an apartment, get rid of the moocher.

Answer 4

Unfortunately, legally speaking you do not have a leg to stand on.

As long as she is on the lease and is paying her portion of rent, she is still in the clear -- and it's her knowledge of this is why she's doing it! She can get away with it legally.

Unless she did something violent or threatening, you cannot have her removed. She can, however, state that you were threatening her (or her you) and only then can someone be forced to leave.

You will not, repeat, WILL NOT receive your security deposit back if an original lease holder is still living on the premises.

You may have done yourself in by taking all the utilities in your name! I always split half the utilities with my room mates. I took electricity, they took cable. I took gas, they took a larger portion of rent.

*You can however, not be accommodating! If they're your utilities, you can have them disconnected.

EG:
Not watching TV but she is? Have TV disconnected and use YouTube!

Using WIFI or LAN? Set the LAN to allow only your computer's MAC address.

Not there during the day and she is? Have the hot water set to night metering (only making hot water at night) and take showers first! No hot water for her.

She didn't pay for electricity? Lock the fusebox and turn off the switches in her room!

She'll see it your way soon!

She's only paying for the room, not the creature comforts associated with it!

Answer 5

What utility bills are in your name vs in her name?

If "extras" like cable, phone, internet are in your name, have them shut off. If she misses those things, she can pay her half of the bills plus the reconnection fees.

If the electric, gas and/or water are in your name, LOL, put an egg timer outside of the bathroom when she showers and set it for three minutes. Then tell her "time's up." Tell her she's not allowed to cook there anymore. Remove the TV from the living room if it's yours. Seriously. Cut her off from use of the utilities as much as you can. Make a big deal about turning off lights and stuff, speaking of passive-aggressive.

Also, if any of the utilities are in her name, stop paying her your half. Tell her to take it out of what she owes you.

Unfortunately, the landlord can't force her to pay the utility bills. I don't think he can kick her out, either, unless she stops paying rent.

Answer 6

You can move to another place and just tell your landlord you want to opt out of your part of the rent. This requires you to pay a fee of usually 2 months rent. Of course the utilities is probably cheaper till the end of the lease.

You can be stubborn and just have everything disconnected for a while and see if you can stay at a friends house for a week or so. Have her get them reconnected in her name and then you pay her. If she doesn't want to do that then say "Why not? You say you are paying them, so I'll give you half then."

That way, if they get shut off its her fault and she will have to bear the debt.

Answer 7

1. Utility disagreements between you and your roomate, is NOT the landlord's problem.

2. If you want her to move, you'll have to sue her in court, and explain to the judge that she will not pay utilities, and see what the judge says.

3. She can't get a restraining order against you if your name is on the lease, and ONLY if she lies in court...which she can be charged with a misdemeanor.

Answer 8

You have a contract albeit only verbal so threaten to sue her, and if she still doesn't pay do it. You have to send her a 'letter of intention' stating how much she owes you and a timescale to pay it (say 14 days) otherwise you will file a small claim in the County Court. That should do it. If not file the claim which you can do at moneyclaimonline.co.uk, its dead easy and only costs a few quid.

Answer 9

All you can do is move out. Theoretically if you are unwilling to move out the problem doesn't mean that much to you (I know this isn't true but that's how the law may see it).

What would happen is you would move out on account of non-payment by your roomate, then the landlord would get mad that he lost a tenant because of it and finally take action.

(BTW how in the world do you get a female roomate? That's unheard of where I live, male and female roomates. Is she hot?)

Answer 10

You could take her to small claims court for all the money she owes you. The only problem is that all the bills are in your name and she can say that she never agreed to pay any of the bills or that she paid you in cash. You need to get something in writting that says she agrees to pay half of the bills but i think it is to late for that. I would just ask the landlord if you can move into another apartment in the same complex. Than she would be liable for all her bills since she would have to get them in her own name.

Or do what my bf did one time to an old roommate who did the same thing. Turn the fuses off to her bedroom & cut the internet cord. Tell her that unless she pays she wont get to use your electricity or cable. Worked for him. They were never late paying their bills again.