Our unwanted roommate will not move out
We are a house of 9 people. Everyone is on the lease. Before we moved in, everyone signed a form that said "if the majority of the roommates agrees to terminate the residency of any roommate, they may do so at any time with a 30 days notice." Now one of our roommates has turned awful (details spared). All 8 other roommates want her gone in 30 days. She says she won't leave (even though she signed the form). We are interviewing for a new roommate to take her spot come the 1st of the month. Is it illegal for us to move all her stuff out of her room on the 1st (30 days after she recieved the kick-out notice) and put it all down in the basement? There would also be a new roommate setting up in her former room. Can we get sued for this? We wouldn't be locking her out of the house (I know that's illegal), but is it illegal to box up all her belongings and put them in another part of the house, and then ban her from her former room?
Re: Our unwanted roommate will not move out
Definitely a state specific question.... wish I could elaborate further.
Re: Our unwanted roommate will not move out
I agree with somedeity but regardless of the actual state involved, you are probably not going to be able to remove this room mate without a court action. Your agreement has no power over the lease. Even if the roommate leaves, their name will still be on the lease unless the LL will write a new lease leaving the other person off.
With that being the case, you cannot expect them to leave as long as they are responsible for the lease. You do realize that unless the lease specifies otherwise that each of you are jointly and severally liable for the lease payment don't you. That means that this girl could ultimately be responsible for the entire lease payment if the LL decides to sue her for what the remaining lessee's may have done. I can tell you I wouldn't be going anywhere real fast either.
And yes. you cannot touch their property without making yourself liable for any damage to the property.