Can I just kick my roommate out?

Me and my brother have lived in this apartment for about five years. We went from having a lease to being tenants at will. We have a really good relationship with our landlord and he allowed us to let a friend move in. The friend has been there for over a year but is a very bad roommate. He smokes weed in the

Me and my brother have lived in this apartment for about five years. We went from having a lease to being tenants at will. We have a really good relationship with our landlord and he allowed us to let a friend move in. The friend has been there for over a year but is a very bad roommate. He smokes weed in the house, late on rent etc. I want to kick him out but am wondering if there is any legal recourse.

Best Answer:

tro: are you renting to him or has your landlord accepted him as a third party to the month to month lease
you mention he is late so it would be assume you mean he pays you, the first time he fails to pay the rent you give him a 3 day pay or quit notice and also inform him failure to pay and get his stuff out by that date wil result in disposal of his stuff
if he manages to pay rent you can always give him a 30 day notice, no reason needed, same instructions about his stuff

Other answer:

tro:
You have to follow the laws for your state. Give your roommate proper written notice to vacate; if he refuses to move out, you will have to have him evicted through the courts.
JMITW:
you are the sublandlord and he is the sub tenant….you have to follow state laws…typically you will need to give a pay/cure or quit notice..and when he doesn't file for eviction….if he does straighten up and you still want him out, you will need to give a notice to terminate the tenancy before Jan 1….likely he will be able to stay until Feb 1 in this case.
DEBS:
30 day written notice (60 if in California). That's all you need.
Maxi:
You need to give him 30 day notice to leave in writing, you can't just kick him put legally
Stoo:
He's defacto there on the old lease now. You'd have to legally evict him to force the issue – better to reason with him and incentivize him to move out on his own.
Bill:
The landlord needs to give him 30 day notice to vacate. If he refuses, then the landlord will have to file formal eviction.
Alex:
That's messed up
Judy:
The landlord probably has to notify him. He likely has to be given 30 days notice.
babyboomer1001:
Not since he's smoking weed – illegal. Call the police to haul him off to jail. When he is gone, change the locks and give him notice. Nobody is going to force you to submit yourself and your home to his illegal activity.

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