Evicting A Roommate (i Own The Home)

[devdutta58]

I solely own a home in Pennsylvania. I have a roommate that has no ownership interest in the house nor does he have a lease. He simply lives there on a handshake agreement that stipulated no specific time period for him to stay. He has long been behind on rent and bills.

We recently had a very ugly altercation that is forcing me to evict him as soon as possible. Do I need to proceed with a formal eviction notice or can I just say "Get the hell out" and change the locks? If I do need to provide notice, is there a specific time period I need to give him(I would like him out ASAP)?  

[Laec]

If Pennsylvania law is like California law, you need to go through the formal eviction process or formally terminate the tenancy.  Self-help(in other words changing the locks) is never an option in California.  

In California you would need to provide either a 3-Day Notice to Quit(and determine what the grounds are for the eviction - non-payment or breach of your quiet enjoyment due to the altercation); or, in the alternative, you could serve him with a 30-Day Notice of Termination of Tenancy, which in California does not require a reason.  However, IF he doesn't go, then you have to go through the legal process anyway, so you may be best to start with the 3-Day Notice as you would get to court faster.  

Check with your local apartment association regarding eviction rules and to verify that you do not have local controls which would complicate your situation.  They may also be able to refer you to an attorney who specializes in landlord tenant law.  

Be careful.  You are in a difficult and potentially dangerous situation.  DO NOT under any circumstances get into it with this person.  Do not allow yourself to get pulled into a verbal fight as you will be the loser.  Don't give this person the ability to accuse you of bad behavior, as it will work against you if you have to formally evict him.

In the future, always have a written rental agreement with a tenant, even if they are your roommate!  And, never let a tenant get behind more than 20 days in their rent without taking action.  Unfortunately, no good deed goes unpunished in the world of landlord tenant issues.  

If it gets agressive again, call 911 and get the assistance of the police.  

Good luck!