Can I Kick Out My Annoying Roommate?

Living with a roommate or roommates is a great way to bring down your monthly costs. This living arrangement is especially great for young people starting out on their own before settling down and starting a family. However, jumping into a lease agreement with someone is a serious undertaking, especially if you don’t know the person(s) very well.

If you sign a lease with a roommate, you will be considered co-tenants. It doesn’t matter if you moved in together or if your roommate was there before or after you – if you’re both on the lease, you’re both equally legally responsible for everything in the lease agreement.

What happens if you move in with someone only to discover that your personalities really clash? Perhaps your new live-in mate is horribly late with paying you their fair share of the utilities. Or maybe they’re a night owl and watch (loud) late-night tv shows while you’re trying to sleep.

Whatever differences may arise between you and your roommate, know this: it is exceptionally hard to kick a true co-tenant out. Even if your roommate simply stops paying their portion of the rent, your landlord is likely to demand the full amount anyway. Typically, landlords care very little about in-fighting amongst their tenants as long as the rent is paid in full each month.

Beware: if you stop paying your landlord the full rent payment (because your roommate has shorted you) – you can suffer the same consequences that will be doled out to the non-paying roommate. When one roommate breaks the lease agreement, it affects all of the co-tenants equally.

The only situation that calls for immediate eviction is if your roommate becomes violent toward you. Even the mere threat of violence can be cause for a restraining order. If you are granted a restraining order against your roommate, they’ll be forced to move out post haste.

In order to avoid such roommate conflicts, it’s a good idea to take a page from The Big Bang Theory and rustle up a ‘Roommate Agreement.’ While you most certainly don’t have to get as serious as Sheldon Cooper does (for example: he demands that his roommates stand a certain distance away from the bathroom mirror when brushing their teeth in order to keep the mirror clean) – things like noise limitations, quiet hours, cleaning the apartment, and rent payments can make your life a lot more enjoyable.

You can actually create a legally binding roommate agreement that would give you some power if a roommate stops paying their portion of the rent. You’d have to take them to small claims court, but it may be worth it if your living situation has become unbearable. While a small claims judge doesn’t have the power to evict your roommate, s/he can order full payment of the rent that you’re owed.

And, even if your roommate doesn’t comply with the Court Order, taking them to court may be just enough to make them want to move out on their own.

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