Getting my roomate OUT (lease agreement, tenants, evicting, house)

[Jared98]

I live in a small house with one roomate in MN. Ive wanted him out of the house as he doesnt ever clean or take care of anything and i like to live in a clean place, is that to much to ask for? He also wants his girlfriend and her dog to move in, in fact he's already started doing it, and he never even talked to the landlord about it who does not like the idea of it(I've talked to him about what's going on). Anyways, We don't have a lease at this time but my landlord has gave me the option to get a lease that states that I'm allowed to have subtenants. If I did get that lease would I be able to evict my roomate just on the basis of being on a month to month(at will) lease? Sorry if I didn't include enough info! Will update with any questions asked!

[sunsprit]

much depends upon the laws of the state where you are living.

if your roommate has established a legal residency in your small house up to this time, then the only person who can "evict" them is your landlord because you apparently have no existing leasehold giving you any rights except to use the house as your residence.

In many states, to evict your roommate in the absence of an existing lease on the property may entail the landlord evicting both of you to terminate the current tenancy of the house.

It is unlikely that you can remain in the house and enter into a new lease agreement with the landlord which gives you the right to evict a pre-existing tenant. Essentially, that new lease agreement is subject to the existing residency leasehold.

You may want to consult with a tenant's rights agency or attorney in your area to ascertain your rights and those of your roommate.

[Spottednikes]

If you are on a mo to mo, you should give notice and move out to somewhere else. It will be much easier than trying to get him out.

[Kim in FL]

Originally Posted by Spottednikes

If you are on a mo to mo, you should give notice and move out to somewhere else. It will be much easier than trying to get him out.

This.

OP: Your landlord, who has the agreement with your roomie, needs to do the evicting. He probable won’t since he’s only concerned with rent and your cleaning issues.

You can sign a lease with the landlord but you, nor the landlord, can force the roomie to sign a lease with you. Again... the roomie is renting from your landlord.. not you.

[FIREin2016]

It will take notice and an eviction. Whoever moved him in needs to do that.