What can I do to remove a roommate that won't leave?
Question Details: We rented a duplex together; my name being first on the lease. I have signed every rent check since we moved in a little over a year ago. All of the utilities are in my name. She has become a violent drunk so I gave her a written 30 day notice to move out but she refuses to leave. What legal steps do I need to take to have her removed? The landlord doesn't want to get involve if it can be helped, although she wants her out too.
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If your roommate is on the written lease with your landlord besides yourself, you need to have a face to face meeting with the landlord so that he or she can serve your roommate with a notice of termination of the lease unless you have a roommate agreement with her.
After the face to face meeting, send a note to the landlord memorializing the conversation while keeping a copy of it for your records. In essence you need to advise the landlord that either you or the roommate stay but not both. Be prepared to get another roommate to cover the monthly costs.
You might also consider speaking with a landlord tenant attorney as to what can be done to resolve the matter with you and the roommate.