How to evict a roommate with no rental agreement
When your roommate stops paying rent, damages property or conducts illegal activities in your home and she has no rental agreement, you may decide you want to evict her. If you have no rental lease with your roommate, her agreement is considered to be month to month. You may evict a month-to-month tenant at any time, given proper notice, for any reason. There are certain steps you should follow to evict a roommate with no rental agreement.
Write an eviction letter to your roommate. Be straightforward and to the point. Be sure to list today's date on the letter and tell your roommate that you are evicting her and that you expect her to be out of the home by a specified date. By law, you must provide 30 days' to 45 days' written notice in order to evict someone who is living somewhere on a month-to-month basis. Sign the letter and make a copy of it for your records.
Deliver the letter to your roommate by hand if you can. The goal is to make sure your roommate is officially served with the eviction notice. If you want to truly make it official, mail the eviction letter to your roommate by visiting your local post office and sending the letter to your roommate via certified mail. Fill out the green certified mail form with your roommate's name and address and wait for the post office to deliver the letter to your roommate. When you send a letter via certified mail, you receive certifiable proof that your letter is delivered. This can be important if you need to take legal action against your roommate.
Wait the 30 or 45 days you provided your roommate to leave the premises.
File a lawsuit at your local civil clerk of court's office to file an official eviction of your roommate, if she still hasn't left after the notice you provided. You will have to fill out an eviction notice with the court, provide the court with your roommate's name and address and set a court date for your case to be heard in front of a judge. You will have to show that you provided your roommate with a 30- or 45-day notice to leave the premises and that she still hasn't left.
Appear in court on the designated date. If your roommate does not show up for the court appearance, you automatically win the judgment to have him evicted. Tell the judge your side of the story that shows that you have a right to evict your tenant and that you gave him proper notice.
Allow representatives of the court system and your local law enforcement agency to enter your home to remove the tenant permanently from the residence. The official eviction will physically remove your roommate from the home, along with all of her belongings.