How can I get my roommate's boyfriend out of my apartment?
I went home for Thanksgiving and my roommate moved in his loud boyfriend of a week while I was out of town. The guy smokes pot constantly, is insanely messy, is loud to the point of us being threatened with eviction due to noise complaints, and is constantly having HIS friends over. His name isn’t on the lease. Can I just call the cops and have him removed?
Tags: cops, noise complaints, pot, roommate, Thanksgiving
I’m not a legal expert. That said, this is my opinion:
It’s quite unlikely the cops are going to assist in this situation, as it’s more of a civil matter than it is a legal matter. Your problem is two fold. Your roommate has as much right to the property as you; he’s permitted to have guests, and a simple "Hey, he’s my guest" is probably going to be enough to get LE to wash their hands of it, on the off chance they get involved at all. Secondly,
enough time has passed that roommate’s bf has established *residency*, or is within an inch of doing so. Your landlord’s going to have to file suit and have him evicted. Which requires you go to your landlord and inform him of the situation, assuming that he doesn’t know.
Not knowing the contents of your lease agreement, I can’t say this with certainty, but I’d put money on the fact that the boyfriend living there violates your contract, so LL can file for eviction against you and roommate, too. You may not have consented to him moving in, but you have waited 3-4 weeks before putting thought into remedying the situation, which does not reflect well on you. The fact you’ve already been threatened with eviction [for noise] leads one to believe his patience has worn thin.
You might want to approach him and see if you can be taken off the lease and have roommate’s boyfriend put on in your place. LL doesn’t have to agree to this, but it’s worth a shot, and you’re better off finding a sane/respectful roommate than staying there.
You can call and report the pot, but depending on the amount he has, and your location, he may get off with a citation. IF he has a larger quantity, or you’re in a place with harsher laws, you may find yourself going a ride in the back of a car as well.
Start with your landlord. Its his property and his lease agreement which may be being violated here. Legally it is really up to your landlord to initiate eviction.
I had a roommate like that once. I told her I didn’t want to go down with her, eventually she moved out. If that doesn’t work, I would look for a new place. What an inconsiderate roommate you have.
I’d talk to your roommate first, and if that didn’t work, I’d talk to the landlord…and tell him that the roommate is having someone living there who refuses to leave.
Trust me, the landlord will take care of it, pronto. If you are afraid of reprisals from your roomie, I’d just wait until the next time dream-boy fires up a doobie, and tell them I had to go to the store or somewhere, and call the cops from my car and say a drug deal was going on at the address….you’ll get some action from the cops pretty quickly!
Just don’t be there when they show up!
This sounds more like a relationship matter rather than a legal matter. More on that in a second.
The police can only remove him if he is trespassing, you ask him to leave and he refuses to go, or he is breaking some other law like owning pot. The sticky part of the trespass angle is that your roommate invited him to move in so it is hardly trespass. You could take civil action to remove him but that is difficult and time consuming.
So down to the relationship. Talk to your friend and tell him that he needs to get his boyfriend out of there period. If not then you will move out and sue him for any damages you suffer do to having to rent a new place or pay penalties to get out of your current lease. How ever it works out it sounds like your room mate should be moving to the ex-friend and ex-room mate list real soon.
Good luck, you will need it.
i think you need to have a talk w/your roommate try to explain to him that he should have asked you if he could invite someone else to live w/you and that he needs to get rid of creepy before your all evicted. or try to talk to the landlord about the situation and see if he can have the jerk removed since he’s not on the lease and not paying additional money for being there. Good luck.
Yes. Tell him to leave. If he doesn’t, then call the police and tell them you have an unwanted person in your home. They will remove him. But be careful. If they find pot in your home, you could end up in trouble with the law.
To my understading: YOU rented the aparment? YOUR name is on the lease–not his? Is the roommate paying half the rent? If his name is not on the lease, and you are accepting rent, this could be a potential problem,if the landlord is not aware of this. If he is not on the lease, and you are basically letting him live with you to cut expenses, you could try speaking to him about the problem first. If not resolved, you should consult with an attorney to see what your options are. If you are below certain income levels, you can consult with an attorney for free. Check ‘Legal Aid" in the phone book.