Remember that eviction is a legal process. You may want to consider hiring a lawyer if you’re considering eviction. If your roommate is annoying but not in violation of any agreement, eviction probably isn’t your best option.
In some extreme cases, such as your roommate becoming extremely violent, you can get an Order of Protection and evict them. You can also evict someone who is legally subletting a room if you have “just cause” (for example, if they aren’t paying rent).
Each state has a different law, and some cities have additional laws about when and how someone can be evicted.
Search for an eviction notice template online to see examples of how to word and format the notice. It’s best to have a written agreement in place before a roommate moves in so that you can prove your roommate violated an agreement. At the very least, put in writing how much they will pay in rent and when rent is due. Other terms could be no pets or no overnight guests.
The process will be slightly different for each city. Look into what documentation you will need to provide and make sure you have it when you go to court.
You can’t forcibly evict your roommate. If your roommate doesn’t comply with the eviction, a judge will ask law enforcement to help you. If your roommate disputes the ruling, they can legally stay in the apartment until a final decision is made.
If you think you might take legal action or go to your landlord, it can be useful to take a picture. This is especially important if your roommate isn’t paying rent, isn’t on the lease, or has given a set of keys to someone who isn’t on the lease. Keep in mind that if your roommate pays the rent on time and isn’t damaging the apartment, your landlord will likely be unwilling to kick them out.
If your roommate doesn’t have a calm personality, pick a time when you are calm.
If you can’t live with your roommate through the end of the lease, you may have to consider moving out yourself and finding a subletter. You can’t reasonably ask your roommate before the lease is up, unless they aren’t paying rent or aren’t on the lease. If your roommate isn’t on the lease, you can ask them to move out at any time. You don’t have to wait until your lease is up. However, give them a reasonable amount of time to find another place to live.
For example, say something like, “You like to listen to music really loudly at 2am. That makes it hard for me to get enough sleep and get up for work in the morning. Can you try wearing headphones or turning down the music?” Be clear about what exactly is bothering you. Giving reasonable alternatives can help smooth over the conversation.
If you have someone in mind that you would like to live with, try saying something like, “I’ve really enjoyed living with you, but one of my best friends is moving and I’d like to try living with them when our lease is up. " If your roommate is a friend, using this approach can help preserve the friendship after they move out. Saying, “I value our friendship, but I just really want experience living alone,” can help nudge them out without making any accusations.
Say something like, “I tried to make this situation work, but I don’t think we work as roommates. Your schedule staying up all night every night and my work schedule just aren’t working out. I think it’s best if I find a roommate whose habits line up better with mine. "
For example, you can say something like, “I think it’s best if you move out. Our lease is up in 2 months. Can you find a new place to live by then?” If you want to give your roommate a bit more of a nudge, you can offer to help them look for new places or even offer to help them move. The more help you can give, the more likely your roommate is to make the move.
Be aware that bringing in another party can make it seem like you’re ganging up on your roommate. Some people will react with hostility.
Only offer what you can afford to pay. This can be a good option if your roommate is a friend and you want to make a peace offering.
