Q: does he need to get evicted and if so who needs to evict him me or the owner of the house
me and a friend rented a house together going on 3 years ago we got into a fight, and he left on July 29, 2024, and has not been back he left all of his belongings in his room. I paid his portion of the rent in July August and September and finally told the owner of our house what was going on. He said he did not want to get involved he knew about me covering the whole rent for the last 3 months, The owner was willing to give the roommate his half of the deposit back as long as he signed a paper saying he was leaving and his name would come off the lease he did not want to do that he said if he has to move then I have to move too. The owner said we needed to settle this between us.
I need to know what I need to do to make him leave because I need to get a new roommate to help me pay the bills.
Is this something I need to do or does the owner need to do it and does the owner have to give him his half of the deposit back?
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A:
In this situation, the owner is technically the only person who can formally evict a tenant since the lease is between the owner and both you and your roommate. However, if the roommate is refusing to sign a paper to remove his name from the lease, and he has left his belongings behind, it might complicate things. You might need to proceed with a "Notice to Quit" or a formal eviction process if he is still considered a tenant.
Since you have been paying the full rent, it’s important to communicate clearly with the owner about your intent to get a new roommate. If your roommate has effectively abandoned the property, there are legal steps the owner might need to take to establish that, which could then allow them to end his tenancy without a formal eviction. However, your involvement in this could be crucial to show that your roommate has left and is not contributing to the household.
Regarding the deposit, the owner usually handles it. If your roommate's name is still on the lease, the owner might need to hold onto the deposit until the lease ends or until your roommate agrees to move out formally. It’s best to review your lease agreement and possibly consult with a legal professional to ensure you're following the proper steps and protecting your interests.
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