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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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Roommate caused $1500 damage how can I file charges of

Customer Question

Roommate caused $1500 damage how can I file charges of malicious mischief and get him out. I have already gave gim his 3 day vacate letter did not leave. Can I have the police. Come get him fir trespassing.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The only legal way to remove a roommate is to go to the housing court and file for an eviction. Police unfortunately cannot and will not remove a person from their home without a court order, because laws are very protective of tenants. Charging him with malicious mischief is possible, but that doesn't get him removed. That's a separate criminal charge which typically takes longer to have resolved than an eviction. Legally, he is not trespassing, because he has a right to be there until a judge orders him to leave. If he returns after being evicted, then he would be trespassing.

The only legal way to get someone out of a property they're renting is to go to court and have them evicted. This is true even when they overstay a three day notice to vacate. Here are forms you can use. You can also ask the judge to enter a judgment for the $1,500 in damages he owes you.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any other questions about this?