Get outside support, like police assistance and legal action, to oversee the eviction and move out. This will be useful if there is a real likelihood that your roommate will respond violently. Take legal action to ensure that you have as little direct confrontation with your roommate as possible. These options will be best if avoidance seems like the best way to avoid a dangerous situation. Attempt to talk to your roommate with civility about the need for him/her to leave. If the danger is that your roommate will act out of anger from not being spoken to directly, or he/she has not demonstrated much actual violence against you, try simply handling the situation on your own.
If you’re the primary lessee, and rent is your sole legal responsibility each month, your roommate has no legal right to live with you. This is unusual, but is sometimes the case between close friends or in last-minute living arrangements. If your roommate is not on the lease at all, kick him/her out according to your judgment of the danger you’re in. [3] X Research source In most cases, renters have a joint lease where all tenants are responsible for paying the rent. The key term you’re looking for is joint and/or several liability. If you’re jointly liable, that means you’re responsible for paying the full rent regardless of whether or not your roommate pays. If you’re severally liable, you’re only responsible for your portion of your rent. If you’re jointly and severally liable, this is better than being jointly liable because while you’re still responsible for any unpaid rent, you do have legal cause to sue your roommate for unpaid amounts. [4] X Research source
Your landlord may need to file a criminal complaint for trespassing, although it may be easier for the landlord to just evict everyone in the rental unit, including you. Your landlord may or may not be willing to correct the eviction so that you can then move back in without the eviction showing on your record. [5] X Research source It can help to have a new tenant all lined up to move in so that your landlord knows that you will still be able to pay rent. If your landlord is unsympathetic, it may be best to simply break the lease and move out yourself. There are usually significant fees for breaking a lease, but if your roommate is dangerous and you want to avoid getting authorities involved, it could be a good option.
Try to decide in advance whether or not you will be open to any attempts that your roommate makes to convince you to let her stay at the place. Be firm about this decision. Highly manipulative people often feign agreeableness or make promises to change that they do not intend to keep.
Understand that they will need adequate warning to find a new place to live. 30 days is standard. Tempting as it may be, do not lie about the rights that you have. Do not insinuate that you can legally kick your roommate out or make false claims about your landlord mandating that everyone move out (if this is not the case). Only threaten legal action if your roommate becomes dangerous or keeps insisting that he/she will not move out at all.
By making a win-win situation, you will be more likely to act with civility before and during the move-out period.
Show understanding of all of the (reasonable) things that your roommate requests in order to move out. For example, if he/she requests to keep the toaster that the two of your purchased together, don’t say no out of principle. Validate the request and then decide whether or not you can fulfill it. Choose your battles wisely and remember that the less you dispute, the less conflict you’ll face. Negotiate possible ground rules, knowing that you must be willing to compromise if your roommate makes requests that are ultimately geared toward him/her leaving in a timely manner. Say what you are willing to do instead of what you aren’t. So, if you want as little contact as possible going forward, tell your roommate that you’re willing to talk only if it is absolutely necessary for logistical purposes. Don’t simply demand that he/she not talk to you at all.
Anti-discrimination status and eviction protection. In many states, it is illegal to discriminate against someone who is a victim of domestic violence. So, a landlord cannot refuse to rent (or terminate) solely because the person is a victim of domestic violence. Early termination rights. Usually, a victim of domestic violence can end a lease with notice (often 30 days). States typically require that the tenant provide proof (such as a protective order) of her status as a domestic violence victim. Limits on rental clauses. In some states, landlords cannot include clauses that provide for termination, should a tenant call the police in the face of domestic violence, nor can landlords make tenants pay for the cost of such calls. Section 8 tenants. Domestic violence victims may circumvent regular relocation requirements if they have otherwise complied with other Section 8 requirements, have moved in order to protect someone who is or has been a domestic violence victim, and “reasonably believed” that they were imminently threatened by harm from further violence.
It can be helpful to display your knowledge of your legal rights so that your roommate sees that you are not afraid to take legal action immediately, should cause arise to do so. State the specific type(s) of legal recourse you will take if he/she refuses to leave or confronts you about the situation face to face. If you feel more comfortable using an official template, see a sample eviction notice. Even though you may not have the authority to evict your roommate, this template may provide a valuable jumping off point for using to-the-point language when writing the letter.
Try asking trusted friends, family members, or co-workers. In the event that staying with others proves difficult, call local domestic abuse shelters and explain your situation.
If you still fear that theft will be a problem, ask a friend that your roommate does not know to watch your valuables for you.
Be sure to enlist lots of help from friends or professional movers so that you can move quickly with others present (in the case that you and your roommate have an altercation).
