Q: can my roommate evict me? she is threatening me if i dont.
I have been having issues with my roommate for a while. At first it was minor things like me leaving the shower curtain open or having a guest or two over when she was home, but now it has gotten to where me and my family no longer feel safe here. In the beginning I tried to reason with her, I wouldn't have people over on her days off, I basically asked her for permission to do anything in OUR home. Yet she still found things to fight about. Recently she delivered a self written eviction notice to me. When i spoke with some people about it they told me she could not evict me, being that we are all on the lease, but when i asked management they told me she was allowed to do this being that she was the original lease holder (we signed a new lease when we moved in). Now she is having family come threaten me and my family in the home multiple times. The other day her family member hit my fiance, it was reported, I notified the landlord and they said we would have to leave, not her.
A: If you both are on the same lease, only the landlord can evict you and only then with proper notice, lawfully worded and legally served. A co-tenant has no more right to evict you than you do her. To the extent she or her guests are creating physical altercations with you or your guests, you should be reporting it to the police, not just the landlord and any report to the landlord should be in writing with you keeping a copy so you can prove the date, the report itself, and what it is exactly that you told the landlord. To the extent you have grounds to serious concern for your safety and/or for that of your guests, especially with one altercation already, you may wish to consider seeking a restraining order against your roommate. If the court issues one, your roommate will have to vacate the dwelling as soon as she is served the Order by a Sheriff and if she returns, she is subject to immediate arrest. All this said, however, it sounds as if your landlord is on your roommates side so I would expect that sooner or later, the landlord will intervene to terminate your tenancy instead of hers so it is only prudent that you be seriously looking for a new place to move to. Questions? Review it all with a local landlord-tenant attorney who can advise you as to your exact options and rights. Good luck.
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A: Do understand that she has no more rights in your home than you do. You DO NOT have to ask her permission to do anything no more than she has to ask your permission to do something or to have guests. It simply is a matter of you have to get along with each other if you are going to live together. If that becomes difficult or impossible, then it is time for one or both of you to move on.
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