Writing an Eviction Letter for Roommate [Free Samples]

Many people find themselves in the position of needing to evict a roommate. If this happens, part of the process will be writing an effective eviction letter.

Ask Them To Leave

The first step in getting rid of an unacceptable roommate is just to ask him to leave. It’s possible he’s as unhappy with you as you are with him, and he’ll take the opportunity to move out. 

This saves everyone trouble, so it’s a good place to start. It’s best to ask politely in a way that suggests the breakup would be advantageous to him as well as you.

Roommate Named On The Lease?

If that doesn’t work, things become more complicated. Is the roommate named on the lease? If that’s the case, it will be very difficult to evict him because he has as much right to be there are you do. 

If the roommate’s behavior is very egregious, you might ask for help from the landlord in getting him out.

The landlord may be willing to file a criminal trespass charge against him. But there’s always the possibility the landlord will connect you with the misbehavior and evict both of you. If the roommate is on the lease and you aren’t, you’re probably the one who will end up moving.

If the roommate is not on the lease and you are, you can write him an eviction letter that will serve as a notice of eviction. Your letter will give the roommate 30 days in which to vacate the property. 

Be sure to keep a copy of it. If the roommate doesn’t leave after the 30 days, you’ll be able to take him to court, and you’ll need to present the letter as evidence.

A letter of eviction should contain these four elements:

1. It should spell out the terms of the eviction. The letter should be dated and state that the roommate has to be out within 30 days. 

You can also give a specific date by which the roommate has to leave. Make it clear that you’ll bring legal action if he doesn’t vacate the premises within the specified time.

2. It should explain the reasons for the eviction, the steps you’ve taken to remedy the situation and the fact that the steps have failed.

3. It should list any property the roommate has left behind and state that you’re not responsible for that property.

4. Be sure to hand-sign the letter. This makes the proceeding stand up in court.

Because roommate eviction notifications differ from tenant eviction notices due to the nature of the relationship, below are some sample letters:

Sample 1 - Eviction Letter For Roommate

Martha Jones
25 Main Street, Apt. 3
August 6, 2021

Dear Martha,

Our living arrangement isn’t working out because of your actions. As a result, I’m serving you with an eviction notice. You must vacate my flat within 30 days, or I will pursue legal action against you.

You haven’t paid rent in three months and have allowed people here without my permission, which is against our agreement. 

I’ve begged you to stop, but you haven’t complied. You’ve also shattered my mirror and ruined my couch. I’ve attached some photos. I shall not be held liable for any belongings you leave behind.

You’re not on the lease, you have no legal right to be here, and if you don’t leave, I’ll have to call the cops. Please locate another place to reside within the next 30 days.

Sincerely,

Signature
Donna Smith

Sample 2 - Roommate Eviction Notice

Andrew Johnson
194 Gold Street, Apt. 324
Newark, NJ, 07102

Dear Andrew,

This letter serves as formal notice that I, [Paul George], am requesting that you, [Andrew Johnson], vacate the premises of [194 Gold Street] permanently. 

You have been served with a Notice to Quit on [DATE] asking that you pay your rent in full within 30 days or face eviction since you have failed to pay the [$500] rent for the past four months. A copy of this notice is enclosed. You have not paid any rent since that notice.

You’re not on the lease, you have no legal right to be here, and if you don’t leave, I’ll have to call the cops. Please locate another place to reside within the next 30 days.

Regards,

Paul George
List of Attachments:

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