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What is the next step i should do after sending eviction notice to a roommate?

Denver, CO |

i have a roommate, and we sign a year lease with some verbal agreement ( house rules) he keep violate the agreement, i send him an eviction notice, what should i do next if he didnt want to move out??

Attorney Answers 3


  1. You should speak to the landlord and an attorney. It is highly possible you do not have the authority to seek eviction of your roommate.


  2. It is common for roommates (Co-Tenants) to have difficulties and decide that they can no longer live together. Preemptively, you signed the lease a co-tenants not as a tenant and subtenant. As Co-Tenants only your landlord can evict either of you. Your verbal contract may provide you some defense if you were to move-out and your roommate were to pursue you for your portion of the rent but will not likely allow you to evict your roommate because he or she has an obligation to the landlord.
    Your landlord may elect to allow one or both of you to walk or to find a replacement but he or she is not obligated to allow this.

    Good luck!

    Donald at Robinson and Henry, PC at (303) 688-0944 or Reception@RobinsonandHenry.com. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.


  3. As noted by my colleagues, the call of your question raises concerns as to whether you are the landlord or merely another tenant. If the later you likely do not have the authority to evict. Plus the basis of eviction needs to be predicated on the agreement. You may want to visit with the LL (assuming you are not the LL) and speak to an attorney for further direction on your options.

    All communications are provided for general informational purposes only, may not be applicable to your specific set of facts, and do not constitute legal advice or a legal opinion, or form an attorney-client relationship. You should not act or rely on any information provided through this website or the Internet in general without first obtaining legal advice from an attorney specifically hired to represent you on a given matter. For more information, go to www.theARgroup.com.

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