About Sylvia Bergthold Expertise I can answer questions dealing with roommate situations including compatability, leases, placing roommate wanted ads, what you have to offer to a roommate, sharing of utilities and other services, interviewing techniques and questions, some legal aspects of housesharing, clearance information, etc.
Experience I have had roommates in my home for over 32 years and am the author of:
"SORRY, THE BOA HAS GOTTA GO!" A Roommate Survival Guide
Publications The Los Angeles Times, The HB-FV Independent, The Arizona Tribune, Lansing Michigan Rental Guide, Roommate Locator Newsletter, The Plain Dealer,, Las Vegas Sun, Apartment Lifestyles Magazine, Instyle Magazine, The Whiz.com, Cosmopolitan, Under 25, The Portsmouth Herald
Question I had asked a question about a roommate and you emailed me back a list of questions
> and asked me to write you back with the answers. I an attatching the original
> resonse to this email.
>
> Hello!
>
> I have a roommate, who is also my brother. He was served with a 30 day eviction
> notice by my landlord but says he will not move out that he "has rights". 2 weeks
> into the 30 days rent was due and he did not pay it, I had to make up the difference.
> What can I do ? I want him out! I need to know quickly what I can do and if he
> really can just stay.
>
> The email I sent the 2nd time was your list of questions and my answers
>
> > -----Original Message-----
> > From: experts@about.com [SMTP:experts@about.com]
> > Sent: Thursday, December 07, 2006 4:32 PM
> > To: Valerie Flowers
> > Subject: AllExperts Reply to your question
> >
> >
> > > >
> > Your Question was:
> >
> > Hi Valerie
> >
> > You need to write me back after you answer the following questions.
> >
> > Is your brother on the lease agreement? NO HE IS NOT..
> >
> > Are you on the lease agreement? Yes I am
> >
> > What rights does your brother "think" he has? He says they cant just kick him
> out.
> >
> > Why did the landlord serve him an eviction notice in the first place? #1 He
> has been behind in the past with rent #2 he didnt pay rent at all this month
> and #3 He is making problems with other roomates.Possibly illegal activities.I
> have also given him notice.
> >
> > Does the landlord intend to pursue the eviction by either having him served
> with an unlawful detainer or having an eviction service complete the eviction?
> He has already been served a 30 day notice.
> >
> > Will the landlord change out the locks after the 30 day period has expired?
> I will with the landlords permission
> >
> > You need to find the answer to all of these questions. PLUS you need to call
> or visit the Fair Housing Council in your city so they can tell you what your
> rights are, what your brothers rights are and what the landlords rights are.
> Take a copy of the lease agreement with you.
> >
> > Write me back when you have the answers.
> >
> >
> >
>
Answer Hi again Valerie
Sorry about the mixup with your second letter.
It is up to the landlord now to complete the eviction process. It is usually done either through an eviction service or the landlord files an unlawful detainer through the court system.
If your brother is doing something illegal, the best way to get him out is to call the police. He would have a harder time getting back into the apartment legally with an arrest on his record.
You also need to still see the Fair Housing Council to find what your next steps are. The landlord definitely is the best one to pursue all of this.