Watch CBS News

Evicting A Roommate

By Amy E. Feldman

PHILADELPHIA (CBS) - Can you evict your roommate?

Michael and Sarah Daniels, who live in the Upper West Side of New York have a thorny legal issue - how to evict a co-tenant in their apartment - who happens to be their 50-year-old son. Probably doesn't make his bed. Let this be a lesson to you kids.

Actually, their son has a history of violence and his continued presence is putting their tenancy in danger.

It's a common problem for many apartment dwellers. How do you kick out a crummy roommate? The answer is that if your co-tenant is on the lease, YOU can't - only the landlord can evict a tenant. If the co-tenant is not on the lease and doesn't pay the landlord directly, then you generally can evict him but the process can be complicated.

Start by talking to the roommate to let him know it's not working out and that you expect him to leave and that may do the trick. If it doesn't, put your concerns in writing and give him a date by which you expect him to leave, usually 30 days. In some states, if he still doesn't leave of his own volition, you need to go to court to get him evicted which in the Daniels' case will make Thanksgiving dinner a whole lot more uncomfortable.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.