Kicking your roommate to the curb — legally

Your roomie seemed like a good choice at first, and then she began spitting up pea soup while doing 360 rotations with her head. Don’t call the exorcist. Kick the heffa’ the curb!

But before you haul all of her (or his) crap to the parking lot of your Atlanta apartment, there are a few rules for evicting a renter. Rules differ if you’re a renter or a landlord.

Renter-to-Renter: Sorry, but you can’t kick out anybody. If you don’t own the property you don’t have much say in who can live there, especially if both names are on the lease. You will need to contact your landlord with your concerns and collaborate with him or her throughout the process. Your landlord is not required to take sides.

Renters to Subleasee: Now, if you have subleased your apartment then the game changes. Your best defense is the written contract that you and your roommate signed. (You have that, right?) If the roommate has broken any of the precepts, you have the contractual right to give notice and proceed with an eviction. It’s always in your best interest to seek legal consultation. You can also obtain counsel through Georgia Housing Counseling Agencies.

Landlord-to-Renter: The Georgia tenant law has multiple steps that you must follow to legally kick out your rogue tenant. You must give a 60 day written notice, for starters. Print a copy to give to your roommate and email a copy to her (to have an electronic date for your records). You may be eligible to receive compensation for the rent unpaid for the remainder of the contract. Again, it is in your best interest to keep orderly records of your interactions with the roommate and have a lawyer at hand.

 

Related articles

• The dos and don’ts of subleasing your apartment (rentcafe.com)
• How to deal with difficult tenants (premierlinedirect.co.uk)
• The Good and the Bad of Having A Roommate Who’s Also Your Landlord (rentersinsurance.com)