How I can remove a roommate from a lease?

[Norma E. Vega Sanchez]

I have a roommate that two days ago left the house that I’m renting with him. He doesn’t answer my calls neither my texts. But today I noticed that he came to the house and moved things around. He have copy of the keys and I’m trying to figured out a legal way to have him removed from the lease. How’s the best way without causing confrontations?

[Patricia Steiner]

If he is on the lease, you cannot restrict access to the property nor can you remove him from the lease.  He has the legal right to the be there and the lease agreement is between the two of you and the landlord - who does not have to release anyone.  

I recommend sending him a letter via email and by mail/address correction requested/proof of delivery.  Advise that it appears he has moved out of the property, has re-entered since that time, and has failed to respond to your repeated attempts to communicate with him. Remind him that he remains on the lease and as such is legally liable for the remaining rental contract - and disclose his total portion of the remaining rent that will be due (as dollars and cents).  Ask him to remit that to the landlord immediately. This will give you - along with a copy of your lease - what you need to file a small claims lawsuit against him should he fail to pay monthly rent.

I also recommend installing a camera inside the unit and posting a sign at the entry that "video camera in use."  You won't be restricting him from entering but it will let him know that his entry will be known.  When you're home alone, use a "Deluxe Door Security Bar" (about $5) to keep him/anyone from entering by using a key.  Again, you can't restrict him from entering but it will force him to knock/acknowledge his entry.

Keep it all civil because he may just move back. Hope this helps.