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Mediation or Mutual Resolution. There are multiple ways to approach the individual who won't leave. Contact Local Law Enforcement. A Riskier Option Try to Create a Tenancy, Then Eviction. District Court Action for Trespass and Ejectment.
Send a 3-day notice to fix or quit. If the tenant doesn't follow through with a fix, visit your local courthouse and begin a filing for eviction. In some states, you can file to only evict the unauthorized tenant. In others, you'll have the option to evict your tenant as well as the unauthorized occupant.
In most cases, you will want to send a certified letter to the house guest asking them to leave in 30 days. Even though the guest is not formally a tenant, certain principles of landlord-tenant law may apply.
Address the Tenant(s) Named in the Residential Lease. List the Lease Information. Notify the Tenant of the Eviction. Give a Reason for the Eviction. Serve the Eviction Notice to the Tenant(s)
Step 1: Understand your state's eviction laws. Step 2: Have a valid reason for eviction. Step 3: Talk to your tenants. Step 4: Give a formal notice of eviction. Step 5: File your eviction with the courts. Step 6: Prepare for and attend the court hearing. Step 7: Evict the tenant. Step 8: Collect past-due rent.
Find someone to take over the lease from your problem roommate. Landlords that are hesitant to remove a cosigner from a lease may be more likely to agree to a simple change of names on the agreement. Break the lease and move somewhere else. Make the trouble roommate pay up.
Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)
Tell Them The Problem & Consequences. Explain the reason that you want the tenant to go. Offer Them a Way Out. Let the tenant know that you are willing to give them a lump sum of cash in agreement for leaving the property. The Release.
Thinking about it in terms of the bundle of rights for a piece of property, a lease gives tenants the right of occupancy, and this can't be simply erased at someone's whim. As a roommate, you cannot remove another roommate -- even a former significant other who has moved out -- without their consent.