Question by lathari_01: how to get a room mate evicted for non payment.?
I have a room mate that is listed on my lease. they have not paid rent for 3 months and has no inclination to get a job. now since i need a place to live i have been covering the rent cost. after talking to the landlord they will not do anything unless we both sign a release of liability which she wont sign. is there any legal precedence or loop holes that i can use to get her evicted and allow me to take full control of the lease? we live in Boise,ID if that helps.
Best answer:
Answer by Lessismore
You have the same rights a landlord has. Give her a written 7-day notice to pay or move out for the reason of non-payment of rent giving the landlord a copy. If she doesn’t pay or leave, put her stuff to the curb. Once she’s gone, notify the landlord in writing she has abandonded the Lease and you will be paying for the remainder of the term.
What do you think? Answer below!
my peer suggests you give her 7 days to pay and then, put her stuff on the curb. Can’t do that.
But you can give her a 5 day notice, “PAY OR QUIT”
then go to court for a FORCIBLE DETAIN ER judgment.
she may go to court to try to plead.
if she still stays and doesn’t pay, then you go back to court in 10 days
for a “writ of execution” and take that to a sheriff station and pay for her to be
served. They will come out in 1-5 days and remove her.
you must then pay for a re-keying of the lock…..[and give a copy to the LL-landlord]
available to guide you further
Follow the above poster’s advice, and you will find yourself on the losing end of a lawsuit.
You have no legal right to evict your roomate under any circumstances. Landlords are the only ones who can evict. The only legal recourse you have is to take your roomate to court for her half of the rent.