Evicting a violent roommate?


Questioner

I live in a shared home with a total of 3 people (2 housemates and myself) that we rent through a housing cooperative (which arranges the rent for a landlord). Since August 2023, a new housemate has moved in who has been aggressive several times when he was heavily under the influence towards both me and two of my neighbors, but no one has called the police or formally filed a complaint with the housing cooperative. This new resident is not yet on the contract with us because we have not yet had time to adjust the contract (the contract is in the shared name of me, my other housemate and my former housemate who moved out in August). Is there a way to get the resident out of the house, for example by filing a formal complaint with the housing cooperative and is it legally more convenient to first have him added to the contract or not to do that and possibly verbally give him 1 month to find another home?

Lawyer

It is a complicated situation. Before I give advice, it is important to emphasize that I am not a lawyer, but I will give some guidance based on general knowledge on what steps you might take in this situation. 1. **Call the police in case of violence:** If there is physical violence, it is highly recommended that you call the police. It can also be very useful to make a report of this. This can serve as evidence if you decide to take further legal action. 2. **Filing a complaint with the housing cooperative:** In this situation, you could file a formal complaint with the housing cooperative about the housemate's behavior. It is helpful to document specific incidents (dates, times, what happened) and, if possible, include witness statements from, for example, your neighbors. 3. **Contractual Aspect:** Given that the violent roommate is not yet on the lease, it may work to your advantage. Since he is then likely legally considered a subtenant, this means that you may have more rights to ask him to leave. It is not advisable to add him to the lease at this point. 4. **Seek help from a lawyer:** Although I can give you some general steps, it would be extremely helpful to contact a specialized lawyer or legal advisor to look at this specific situation. They will be able to give you precise and accurate advice. 5. **Verbal notice:** It may be possible to give the violent housemate a one-month notice verbally, depending on what has been agreed upon verbally or in writing regarding subletting. Nevertheless, to be on the safe side, it would be advisable to do this in writing as well. Again, this is general advice and the exact legal steps may vary depending on your specific situation. It is therefore advisable to seek professional legal advice in this situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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