roommate not in lease. what if I move out?

[pzhdanock]

good time of the day.
my roommate, who is not in a lease agreement does not want to move out. i dont want to go through the eviction process as we used to be good friends. i don't have any written contract with him.
my lease ends in about 33 days. so I think what if I just move out myself? can he claim anything? what will happen if i move out and he will still be in apartment?

[cestmoi123]

You can certainly ask your LL if he'll just take on your roommate as the new tenant, with his name on the lease and yours off. I'd go that route first.

If you move out, and he's still there, the apartment hasn't been vacated, and you're still on the hook. Landlord can sue to evict you and any other occupants, but you don't want that, since (a) you'll be on the hook for rent until the eviction goes through), and (b) you'll have an eviction on your record. If you think your roommate won't go, YOU need to start eviction proceedings against him.

[pzhdanock]

forgot to mention - he is not in a lease agreement, because LL did not approve him (he already has eviction on a record).
I'm planning to explain the whole situation to LL, as I want to move out of this unit and move in another from the same LL.

can LL just kick him out with a help from police after I move out?

[TenantNet]

No, and don't even try. You could be held on criminal and civil charges. To evict anyone, you need to co to court.

If nothing else, I would give the roommate written notice that you will be vacating at the end of the lease and expect them to also vacate. Whether you take the roommate to court, or the LL does (by taking both you and "John Doe" or the name of the roommate), he will face an eviction proceeding.