Removing roommate from lease

[ericbrog]

I have an apartment with 3 other people in recovery. When we moved in we all had a written agreement that if someone relapsed twice they would be kicked out. One of my roommates has relapsed twice so we told him he had to leave. He is now fighting us on this and says he won't leave. What can we do? We really like our apartment and don't want to have to leave it because of him. We are on a month-to-month lease. Thanks for any help you can give.

 

[Michael Wechsler]

I have an apartment with 3 other people in recovery. When we moved in we all had a written agreement that if someone relapsed twice they would be kicked out. One of my roommates has relapsed twice so we told him he had to leave. He is now fighting us on this and says he won't leave. What can we do? We really like our apartment and don't want to have to leave it because of him. We are on a month-to-month lease. Thanks for any help you can give.

First of all, kudos to you on having this agreement in writing. I can't begin to tell you how many people here are stuck in an awful situation as a result of not having any document to point to.

Regarding what you can do, I think you might be able to have this person evicted if they do not want to leave. It will be a whole lot easier if there is something in the lease that speaks to this but the writing should still be of some assistance. You may want to tell him that if (1) you are removed due to problems with him and potentially his rehab, and (2) you need to spend time and money going to court, you will pursue a claim against him for costs and expenses for an unnecessary move as well as any legal costs. Regarding the latter, asking for attorneys fees for an eviction if they are not contained in the agreement might not be permissible but I can't say for sure and, most importantly, he probably doesn't know about that. What you'll probably want to do is provide him with a notice to vacate and best to send him by mail, certified method requested, notice terminating his tenancy due to his violation of the agreement and also by any right you may have to terminate the tenancy upon notice. The writing should at least indicate that you are serious.

In any instance it may take 30 days (or up to one whole rent cycle, e.g. the 30 day term of your lease so if you pay rent on the 15th of each month and give notice on the 10th, the tenant must leave on the 15th of the following month, not the 10th.) In some jurisdictions there are procedures to quickly remove someone from the premises although I can't ever say that they seem quick enough.

Good luck to you.