Having a roommate can benefit you because he or she can help reduce expenses and contribute to household chores. However, if your roommate starts acting up and causing trouble, and your attempts to negotiate or compromise have failed, it may be time to consider eviction. While this solution should only be applied as a last resort, in some cases you will have to. If a roommate begins to act aggressively or violently, stops paying rent or bills, or begins to engage in criminal activity, eviction may be the only option available to protect your safety.
Step
Part 1 of 3: Starting the Expulsion Process
Step 1. Check the lease agreement for your rights and obligations
Before taking any action, you should check the rental agreement carefully. Study carefully and determine your rights. The conditions of expulsion are usually stated in the agreement. You have different strategies and choices, depending on whether you are the tenant or the owner. Consider the following:
- If you are the owner and your roommate is the tenant, you are in a better position than if you were not the owner.
- If you're both tenants, the fact that your roommate violated the rental agreement could also expose you to eviction.
- If the roommate doesn't co-sign the rental agreement and you allow him or her to stay without the landlord's approval, your situation may be a bit more serious.
- If your name isn't on the contract, just the name of your roommate, you don't have a solid basis for kicking him out.
Step 2. Decide what the reasons are for kicking the roommate out
Most of the time, you can't just throw him away just because you don't like him anymore. You must have a legal reason as stated in the rental agreement he signed. If there is no lease agreement, you will need to have a strong legal argument to “kick” someone. Strong reasons include:
- Roommates no longer pay the rent as specified in the contract.
- Your roommate is involved in illegal activities (such as drugs or violence) in your home.
- Roommates caused property damage and did nothing to fix it.
- The roommate violated other clauses set out in the rental agreement and did not take any action to resolve the issue.
Step 3. Talk to your roommate
After studying the contract well and understanding your position, talk to your roommate to ask him to leave. Most people who can think clearly will respond to this approach and decide to leave if they can. If you suddenly kick him out without discussing it with your roommate first, he could be offended and deliberately rebellious just to annoy you.
- Invite roommates to talk. Find a quiet, appropriate moment, then tell him that you want to talk to him about something important.
- Instead of telling him that you want him to leave, explain how you feel and where you stand. Let him know that what he's doing is putting you in an "uncomfortable situation" and you're in trouble.
- Avoid making accusations and talk about how you feel. Never make unfounded accusations.
- Speak politely, don't insult him. Tell him that you would appreciate it if he could understand your position and be willing to help resolve the situation. Explain that it would be better for both of you if he left. Talk about "common interests".
Step 4. Talk to the landlord if you are a tenant
If the space doesn't belong to you, talk to the owner once you've decided to take action against the roommate. As another legal entity in the contract, the owner has the right to evict if the roommate violates the terms of the contract.
Step 5. Study the applicable rental laws
Before you make arrangements to physically evicte a roommate, you should study the applicable tenancy laws. In Indonesia, you can refer to Government Regulation No. 44 of 1994 concerning Occupancy of Non-Owner Houses. If you break this rule, you can actually give him more power in your efforts to get rid of him.
- If you're not sure, do an internet search for information on specific steps you should take to get rid of a roommate.
- You can also consult on sites such as Hukumonline.com. Make sure your position is really strong before you take any action.
- Contact a lawyer if you have any questions about applicable laws (if you have one).
Step 6. Gather evidence of roommate activities
To strengthen the eviction attempt, you must gather information or evidence about what he did so that he deserved to be expelled. If he or she performs an illegal or dangerous act at home, document it. If he doesn't pay his rent or utility bills, make sure you keep a receipt and keep track of how much he hasn't paid.
- Don't infringe on your roommate's personal space when you're gathering evidence.
- Do not spy on him or violate his personal privacy.
- Avoid any activity that might cause your roommate to act violently.
Part 2 of 3: Taking Legal Action
Step 1. Hire a lawyer
Hiring a lawyer can be a great option if you've tried asking your roommate to leave on a friendly note, but he or she refuses. A lawyer will take the pressure off and make sure your efforts to free yourself from the unwanted roommate are as smooth as possible.
- You can take legal action to evict a roommate, but this may be time-consuming.
- The cost of hiring a lawyer can be very high. So make sure you contact several attorneys to get the best rates.
- If you decide to hire a lawyer to handle the eviction process, it's a good idea to consult a lawyer once so he or she can advise you on the steps you should take.
Step 2. Draft an eviction letter if you decide to handle the case yourself
Write an eviction letter to formally ask the roommate to leave the premises. This letter will be legal and official proof of your intention. This expulsion letter must include several things, including:
- You must write down the reasons for the eviction and the violation of the lease that he committed.
- You should write down a deadline for when he has to leave. Usually 30 days, depending on applicable laws/regulations.
- The eviction notice must include your name and the name of the roommate.
- The notice of eviction must include his home address and a description of the room he or she is using (e.g., “second bedroom on second floor”).
- The eviction letter must also include the date the notification was delivered and the date he or she had to leave the house.
Step 3. Pass the eviction notice to the roommate
As the owner, you must now pass the eviction notice to him. In other words, you have to make sure he's aware of the notification. You can do this in several ways, including:
- Deliver notifications directly to him.
- Placing a notice on the front door of the house or the door of his room.
- Sending notifications by registered mail.
- Some territories may require you to provide notice in person and obtain written confirmation that he or she has received it. Consult your lawyer.
- Ask a lawyer if someone who is not the owner has the right to issue a letter of eviction.
Step 4. Go to court if the roommate refuses to leave
After giving notice of eviction and he refuses to leave, you may have to file a lawsuit in court. The judge will study the lease agreement, hear your complaint and the roommate's defense. The judge will then decide whether to win over you or the roommate.
- In court, you get the opportunity to show the evidence that has been collected about the offenses the roommate committed.
- Often, the judge decides in favor of the owner if the person concerned has a strong argument.
- Complying with the law, documenting your case, and doing everything right will increase your chances of getting the outcome you want.
- Judges often give a "reasonable" timeframe for the hirer to leave after being evicted.
Part 3 of 3: Evicting Roommates
Step 1. Call the police to carry out the eviction
If your roommate still refuses to leave, even though you've given him an eviction notice and the judge orders him to leave, call the police for an eviction.
- Don't try to physically kick your roommate out on your own.
- In general, a person has 7x24 hours after the court's decision to leave the premise.
- It may be best to avoid your roommate or at least to avoid having long conversations after the court has ruled.
Step 2. Watch when the roommate is away
Even if you've won the whole process, this matter can't be considered over until the roommate leaves and you've changed the lock. Horrible things can happen in the 7x24 hour interval between the court's decision and the time the person is forced to leave by law enforcement officials (unless they leave voluntarily). Roommates could be:
- Damage your property.
- Bring your personal belongings.
- Trying to slander you to the neighbors.
Step 3. Give him time to move on
After doing everything you can to legally kick your roommate out, you should also give him time to leave the premise. In most cases, the expelled person is given time to collect his belongings and leave the premise voluntarily. Consider the following factors:
- In many places, people have 7x24 hours after the eviction order to leave the premises.
- If you force someone to leave without giving them a set time, you could face lawsuits.
- The time given to a person after receiving an official eviction order is regulated by law.
Step 4. Don't overstep your authority as a roommate or owner
All tenants of residence, whether they have a contract or not, enjoy certain rights. Most jurisdictions protect tenants from being evicted from their residence or denied entry into their residence without an opportunity to defend themselves in court. In many cases, there are several things not to do, including:
- Do not change keys. You might think there's nothing wrong with changing locks, but it's likely illegal in the eyes of the law.
- Don't break things. You might be tempted to throw all his stuff out into the street, but don't do it. This action can be considered illegal.
- Do not cut off the power. You might think you can force it out by disconnecting the power/water supply. This action can also be considered illegal.
- If you are in doubt about what not to do, check your local laws and regulations and/or contact a lawyer.
Tips
- You can also ask for help from companies that offer eviction services. This company handles all aspects of evictions, including eviction notices and the transfer of personal belongings during the day of eviction.
- If a roommate causes damage to the home in the interval between receiving the eviction notice and the day of his departure, make sure you document the damage with photos or videos as irrefutable evidence.
- If your roommate becomes aggressive, you may need to speed up the expulsion process. Call the police and file a report every time he does damage to property or behaves aggressively. That way, you have a record that you can take to court to speed up the expulsion process.
