Table of Contents:
- How to Evict a Roommate in Kansas
- How to Evict a Roommate in Arizona
- How to Evict a Roommate in Washington
- How to Evict Your Roommate in Oregon
- How to Evict a Roommate in Michigan
Type a written notice to vacate. Kansas requires a 30-day notice to end a month-to-month lease term, a three-day notice for nonpayment of rent, and a 10-day notice for lease violations.
Serve your roommate with the notice to vacate. Given that you're living together, hand delivery is the easiest method. Post the notice on the door and send it certified mail if you are unable to directly serve your roommate.
Go to the District Court for your county, and ask the clerk for Forcible Detainer forms. The Forcible Detainer paperwork consists of two forms: a summons form and a petition. Fill out both forms, detailing the reason for eviction, and the requested judgment. File the forms with the clerk and give him copies of the lease agreement, if any, and the notice to vacate.
Hire a process server to serve the summons to your roommate. You can also ask an adult without any personal interest in the case to serve the notice.
Attend the trial. Bring copies of the petition, notice to vacate, and lease agreement. If your roommate doesn't show up, you are granted a default judgment that includes legal possession of the property and a judgment for back rent, if applicable. The roommate has five days to appeal after judgment.
Go back to District Court and file a Writ of Restitution if your roommate refuses to leave. Deliver the writ to the Sheriff's office and serve your roommate with the writ. Ten days after you give the writ to the Sheriff's Office, an authorized law enforcement officer will arrive to remove the roommate and all his property from the home. The process is video taped, and a locksmith may be hired to change the locks.
Request that the landlord serve the roommate with a request to either pay or leave the premises. In the state of Arizona, tenants are forced to leave after five days of receiving this document.
Have your landlord file an "Unlawful Detainer" action complaint at your local Clerk of Courts office. This complaint will specify that the tenant is in possession of his or her property without making the proper payments. It is also used for when tenants break the terms of a lease.
Wait for the summons to be delivered to the roommate by the sheriff's department. There will be a set court date that your landlord will have to attend, noted on the summons.
Have your landlord bring the rental agreement, lease, and receipts to the court hearing. If your landlord allows, you may be able to present your case in court as well. You and your landlord will have to show that there has been a history of non-payment, or breaking of the lease, in order for the judgment to be ruled in your favor.
Act on the judge's decision to evict the roommate. The judge will give the roommate a specific amount of time in order to vacate the premises. If the roommate still will not leave, call the sheriff's office. The sheriff will remove the individual from the property.
If your roommate's name is on the lease with yours, you cannot evict her. But if not, she is subletting from you, and you must use standard Washington procedures to evict her, including a notice to vacate, followed by a suit for unlawful detainer.
Eviction Laws in Washington State
In Washington, only a landlord can evict a tenant. If both you and your roommate are on the lease or rental agreement, you are co-tenants and cannot evict each other. And if your landlord ends your tenancy, both of you lose the right to occupy the unit.
If only your name is on the lease, your roommate is subletting from you. In that case, you are the landlord and you have authority to evict her, but be sure to follow state laws and procedures carefully.
Procedure to Terminate a Tenancy in Washington
An eviction in Washington begins with a notice terminating the tenancy. Prepare the notice and give it to your roommate personally to start the process. Notice requirements are different depending on the reason for the eviction. If you are evicting your roommate because he didn't pay rent, you must give a three-day notice. If you are evicting for violations of the rental agreement, you give a 10-day notice.
If your roommate has a lease agreement with you for a set term, you cannot end the tenancy early without a valid reason, such as violation of rental agreement terms or failure to pay rent. If not, your roommate is considered to be on a month-to-month tenancy. You can terminate a month-to-month tenancy without cause in Washington by giving 20-days notice. Note that some of the rules and procedures used in Seattle vary from those used in the rest of the state.
Filing a Complaint for Unlawful Detainer
If the period of time set out in the notice expires, and your roommate hasn't moved out voluntarily, file a summons and complaint for unlawful detainer. The clerk will stamp the complaint with the date by which a response must be filed. If you are uncertain about how to fill out the form, consult with an attorney. It is important that you proceed according to law.
Arrange to have a third-party personally hand your roommate a copy of the papers. Your roommate can challenge the eviction by responding to the complaint in the time frame provided. If the complaint is not challenged, the court will likely grant the eviction order.
If your roommate responds and challenges the eviction or raises defenses, the court will schedule a hearing on the matter. Take all of your evidence and witnesses to the hearing. The judge will give both you and your roommate an opportunity to present your cases before making a final decision about whether to grant an order for eviction.
If your name is on the lease, but your roommate's is not, you may be able evict him. Give him the appropriate notice to quit, and if he doesn't leave when the time is up, file a complaint in the court for eviction.
Oregon Eviction Process: Roommates
Oregon eviction procedures are very complicated. Portland has one set of eviction laws and the rest of Oregon has another. There is one time period for telling a tenant to leave during his first year of a month-to-month tenancy, and a different time period for the second year.
You may think that evicting a roommate is a simpler matter than evicting a tenant in Oregon. But it is, if anything, more complicated. Oregon landlord-tenant laws have no specific provisions about roommate evictions, and many preliminary issues impact the question.
Roommate on the Lease
If you and your roommate rented the apartment together, both of you should be listed as tenants on the rental agreement. In this case, you cannot evict your roommate – only the landlord can evict him. If you have serious problems with your roommate, talk to your landlord or consider moving out yourself.
Roommate Not on the Lease
If your roommate is not on the lease, he is an unauthorized tenant. That means he has no direct legal relationship with your landlord. Many rental agreements forbid tenants from allowing third parties to live in the premises without written permission of the landlord. If your lease has this type of provision, and your landlord doesn't know about your roommate, you are in violation of your agreement by bringing in a roommate.
In such a case, you are in a hard position. You cannot ask for landlord assistance without explaining that you have violated the lease. However, if you can get your landlord on your side, and she has never accepted rent directly from your roommate, she can serve him with a 24-hour notice to quit for unlawful occupancy.
If your lease does not limit who can live in the premises, your roommate is essentially subletting living space from you. That means, under Oregon eviction laws, that you are your roommate's landlord, and your right to evict is the same as any landlord's. The process to evict a tenant in Oregon is complex.
Roommate Eviction Notice
Every landlord seeking to evict a tenant in Oregon must provide notice, and you must know which rule applies in your case. Many different types of notice exist depending on the circumstances, with time periods ranging from 24-hour notice to 180-day notice.
You may want to contact an Oregon tenant rights organization or even retain an attorney to assist you in determining which notice is necessary in your case. It depends in part on the reason you're evicting the roommate and how long he has lived there with you.
Roommate Eviction in Oregon
Once you give your roommate the appropriate notice to quit, wait until the time period in the notice expires. At that point, if he hasn't left, it is time to file a complaint. Go to court and fill out forms called Residential Eviction Complaint and Summons. The clerk will assign you a first court date. You must arrange to have the court papers personally handed to your roommate by a third party.
If your roommate shows up in court and argues that he shouldn't be evicted, the judge may order you to try to reach an out-of-court resolution by working with a mediator. If mediation doesn't work, the court will schedule a trial.
Determine the reason for eviction before contacting your property owner. There are only certain instances that allow the property owner to evict tenants in Michigan. These circumstances include a lack of payment, possible health or hazardous conditions or the tenants desire to vacate the premises early. It is illegal for the property owner to remove the tenants by locking them out or physically moving their things out of the residence.
In Michigan, issuing a "Notice to Quit" begins the evicting process between a property owner and the tenant. This legally notifies the tenant that the property owner wants the tenant to pay the amount owed or to leave the premises. A Notice to Quit "health hazard" document will notify that the area needs to be cleaned or that physical damage is being caused and restitution or eviction needs to occur. If the tenant does not offer a solution within seven days of the Notice to Quit, the property owner can issue a "Summons and Complaint" through the court. The tenant will receive this notice through mail or by an official.
The outcome of this summons will be determined through a series of court dates. The court will decide whether the tenant needs to leave the premises and how much is due, if applicable. If the court agrees with the property owner, the tenant will then have 10 days to make a payment to the property owner or move. If the tenant must move, an official will overlook the removal process. A sheriff physically coming to the property and asking the tenant to gather their belongings and leave will be the result of the eviction process.