My roommates and I rent a three-bedroom house. One roommate constantly plays loud music. We've asked him to turn it down on many occasions, but he just ignores us. Can we get him evicted?
My roommates and I rent a three-bedroom house. One roommate constantly plays loud music. We've asked him to turn it down on many occasions, but he just ignores us. Can we get him evicted?
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Answer: (1)
If all of you are on the lease as co-tentants, none of you has the power to evict the others. Only landlords can evict tenants.
The only way to get rid of your roommate, short of offering him money to move away, is to find some way to involve the landlord and get him to act. For example, is the loud music disturbing the neighbors, and have they complained to the landlord? If so, the landlord may be on solid grounds to demand that the noise level drop, and to evict if the tenant refuses. Loud rock music, especially at night, may rise to the level of a legal nuisance (an offensive situation affecting the public’s morality or reasonable expectation of peace and quiet). When that happens, the landlord’s duty to respond is significant. If he doesn’t take care of matters, he risks lawsuits from neighbors and actions from the police.
Technically speaking, your landlord would have to terminate the lease for all of you, because the misbehavior of one cotenant will ruin everyone’s right to continue to rent. But if he’s convinced that the remaining tenants are peaceful—and importantly, that they can cover the rent themselves—there’s no reason why he couldn’t turn around and sign a new lease with the remaining two. At that time you may even want to bring in a replacement—be sure to let the landlord know, so that the landlord can screen this new resident and add him or her to the lease.
Posted by Jamilla Moore on 22 Jan 2010