Question

Can I kick my roommate out if they are not on the lease and have not paid rent for the month?

I currently live in Colorado, and I have someone staying with me that is not on the lease. They could not pay rent for the month of April, and I ended up paying rent myself. They have not paid for electricity, and are now asking me for money back from the small portion of the deposit they provided to me.

I also recently found out that sublets not allowed and if the he doesn't get approved on the application process, he'll need to be out anyways.

He currently does not have a job, and before he moved in I told him the I could NOT afford to pay his half of the rent, or support him, and now I'm doing just that. I've given him til the 15th to get a job or get out, and by the looks of things, he's doing neither. I see him sitting around and playing on his Xbox, on my tv and using the electricity that I'm paying for.

Can I write up a letter and have him sign it stating that he has til the 15th the find a job or leave, that would be binding? I have everything proving that I've been paying my bills, though some late because I didn't expect to be paying for too people.

He threatened at the beginning of April to look up his rights as a renter when I started showing the apartment to other while looking for a roommate. Does he have any rights if he's not paying?
The letter is not a contract, but an agreement that he agreed to at the beginning of the month. He had agree to either find employment or move out. Thats all that he would be signing.

3 years ago - 6 answers

Best Answer

Chosen by Asker

You are his landlord since he paid you rent. The illegal part is your bad, your renter is not at fault.

You have to evict per your state laws. You have to give him a 3 day notice and then proceed with obtaining a court order to evict him. You can't just kick him out. The letter BS is completely illegal, you still have to take him to court just like any other tenant.

He has the right to live there until a JUDGE kicks him out.

3 years ago

Other Answers

yep kick the looser out

by jim m - 3 years ago

If you have a rental agreement, they are your tenant. You will have to give 30 days notice and if he refuses to move out, you'll have to proceed with a legal eviction process.

by Lex - 3 years ago

Why do you think he would sign it? Now he lives there, and only your LL can evict him, you have no power to. Which means YOU will likely get evicted since subletting is not allowed. Unfortunately, yes he has rights. YOU invited him to live there. So now he does. Paying or not does not affect what his rights are.

by the kid - 3 years ago

You can have him sign whatever you want, but it's not enforceable. Roomates cannot kick each other out, whether or not they are included on the lease. Only the landlord can evict. You need to call your landlord, tell him what's going on, and see if he will evict your roomate. Understand that he can evict you, too, for violating the lease by moving someone else onto HIS property. You can offer to pay for the cost of the eviction, for starters, to attempt to avoid this.

If you barr your roomate access to the property in any way, you will be sued. The second you accepted money from him (or 14 days passed), he became a tenant, albeit illegally, and you cannot force him out by any other means than eviction through the court.

This is why you NEVER allow someone to move in with you without the landlord's permission and/or adding them to the lease- because you have zero recourse when they default.

by Brittney - 3 years ago

If he is not on the lease, he is technically not responsible for anything. If you have someone staying with you for more than 7 days, you are to inform your landlord. BUT, this also means that you can kick him out at anytime because technically, he is just a guest, not your room mate, but don't expect to get your money back. Next time, make sure to put your roommate on the lease

by Caroline - 3 years ago