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Honestly, I'm not really looking to get paid, I just want to get this person out of my apartment So I can bring someone in that actually has the ability to pay rent.
You can ask him nicely or not so nicely to leave. You can move out and find a new rental with a new roommate. You can even pay him to leave.
But you cannot evict your roommate, that power belongs to the landlord. And if the landlord evicts, he is evicting the both of you because you two are on the lease. You don't want to let things come down to that.
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The two situations would be separate issues, meaning he can be evicted for non payment, you can be sued for the tablet, but they are two separate cases, and never the twain shall meet. But, you "made him whole" by replacing the tablet. Therefore, the issue is settled, and if he were to take you to court, he wouldn't have much case, because he hasn't suffered any damages.
Now, if you are going to evict him, and not your landlord (and I couldn't tell you if you have standing to evict, your LL might have to,) make sure you dot your i's and cross your t's, in case he gets cute and sues you back for a self help eviction or something like that. See if you can get him to agree to move his ish out and turn over his keys without the hassle of going through the courts.
Actually, I read the OP that they bought him a new tablet, but the roommate has never been back, so hasn't received it. So the OP is still in possession of the replacement.
I don't know that it makes a lot of difference, because I would still view that as a separate issue.
As for the rest, it would totally depend on what is allowed in your state. I can't evict individual tenants. I have to make the unit empty. I've never had one tenant evict another and have no idea whether the sheriff would enforce that. Probably would if the other occupant was there instructing what was to be removed and what wasn't. But that is very likely very state, or even city dependent.
I know in my state, if the tenant is on the lease, and a release hasn't been signed by all parties (or a judge, I suppose, but never seen it happen) stating that a tenant has been removed from the lease, then they still have the right to go in any time they want. If you change the locks, they have the right to have a locksmith let them in. So you can't just "ask him to leave" as that doesn't remove his rights. You could ask him to sign a release, if the landlord is also willing to go along with that, but be careful how you word it.
You can ask him nicely or not so nicely to leave. You can move out and find a new rental with a new roommate. You can even pay him to leave.
But you cannot evict your roommate, that power belongs to the landlord. And if the landlord evicts, he is evicting the both of you because you two are on the lease. You don't want to let things come down to that.
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Ever notice how leases are written in the landlord's favor?
Renting is where you pay a premium to enjoy temporary, impaired use of property...and under inferior terms.
Ever notice how leases are written in the landlord's favor?
Renting is where you pay a premium to enjoy temporary, impaired use of property...and under inferior terms.
That depends on the market. In some market, the lease favors the tenants because it's a renter's market.
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