Perhaps you asked someone to move in with you to help with expenses, or you let a friend stay for a while. You may decide that your roommate is no longer a good fit for various reasons, including their failure to pay bills on time or engage in amicable behavior. Evicting a roommate can be complicated, especially if they’re not on the lease. If you’re a tenant living with an unwanted roommate, you should understand how to evict a roommate not on the lease, including grounds for eviction and legal steps.
Can I Kick Out My Roommate Who’s Not on the Lease?
You must follow certain legal procedures when evicting a roommate who’s not on the lease. Even if the landlord didn’t authorize a person to live on the property, the person may (depending on how long they’ve been there) have the right to remain until the landlord formally evicts them.
The responsibility to initiate an eviction usually lies with the landlord. However, you may be able to initiate an eviction if you don’t own the property, as you may evict someone subletting from you. In cases where you don’t act as a landlord in any capacity, you must normally contact your landlord to advise them of the issue and request an eviction.
If you have some landlord responsibilities, you can create an eviction notice with Legal Templates and start the process of removing the roommate. Start your 7-day free trial to gain access to templates for landlords and tenants today.
Classifying a Roommate Not on the Lease
The eviction process for a roommate not on the lease is more complicated than with someone on a lease. The first step is to establish the classification of the person you wish to evict, as their status can affect how you proceed. They will typically fall under one of four categories:
1. Roommate
When someone shares living expenses for the unit, they are usually considered a roommate. The original rental agreement may list a roommate as a co-tenant, but a roommate often has a separate roommate agreement with the tenant.
2. Guest
A guest temporarily resides in your home and doesn’t pay rent. Removing a guest may be challenging if they refuse to leave or start paying rent after the reestablished guest period. It may be up to you to prove they don’t have the right to stay. If they don’t leave on their own, you may need to involve law enforcement.
Proceed with caution, as a guest may establish tenant rights if they live on the property for a certain period. You must evict a guest who’s established tenant rights through the formal eviction process.
3. Tenant-at-Will
When someone lives with you but doesn’t pay rent and doesn’t have a specific date to move out or start paying rent, they may be a tenant-at-will. A tenant-at-will eviction is similar to an eviction for a roommate or other tenant on the lease. Typically, it involves giving formal written notice to quit within a specific number of days.
4. Subtenant
When someone takes over some or all of a unit and rents it from a tenant, they are a subtenant. A tenant and subtenant formalize their arrangement in a written sublease agreement, which contains details about access, rent amounts, subtenant responsibilities, and the sublease period. Many states handle subtenant evictions like they do a formal tenant on a lease.
How Do I Evict a Roommate Not on the Lease?
Evicting a roommate not on the lease involves a careful approach and communication with your landlord to ensure a smooth process. Consider these steps to complete the eviction process.
- Determine your roommate’s status.
- Talk to your roommate.
- Review your lease.
- Communicate with your landlord.
- Wait for the landlord to issue an eviction notice.
- Wait for the landlord to initiate an eviction lawsuit.
1. Determine Your Roommate’s Status
When dealing with a roommate who isn’t on the lease and won’t leave, determine if they’re a roommate, guest, tenant-at-will, or subtenant. Consider whether they pay rent and utilities and whether you have a written agreement with them to lease or sublease the unit. You must also give weight to the amount of time they’ve lived with you.
Sometimes, an unwanted tenant starts as a guest and becomes a tenant-at-will or subtenant by staying for a specific period or paying the existing tenant for rent or utilities. Some lease agreements have clauses that prohibit subletting, unauthorized guests, and unapproved roommates. They may classify these as a violation of your lease, which could leave you facing eviction as well.
2. Talk to Your Roommate
Once you understand your unwanted roommate’s status, communicate with them. They may not be aware they’ve overstayed their welcome. Politely but firmly inform them that you wish them to quit the premises. Discuss a move-out date and process while keeping the conversation amicable.
If there is a contract such as a sublease or lease agreement, outline the terms you believe they have violated and attempt to reach an understanding. Sometimes, a roommate will leave on their own when they realize they are no longer welcome.
For situations that involve violence or abuse, check laws in your state to find a safe way to remove someone from the unit and consult specific resources for assistance, including the National Domestic Violence Hotline.
3. Review Your Lease
When considering how to get a roommate evicted, review your lease agreement to establish whether the unwanted tenant is on the current lease. Even if they are not, they may have the right to remain on the premises until formally evicted by the landlord.
Examine the lease for explicit provisions about guests, roommates, and subletting. Establish whether the occupancy of an unwanted guest, tenant, or subletter violates your lease terms. If so, you may also be responsible for the consequences of their presence and face eviction.
4. Communicate with Your Landlord
When a roommate not on the lease won’t leave, contact your landlord to discuss your options. Whether you want to evict a family member, friend, or guest overstaying their welcome, your landlord may have legal options to eject them from the unit.
It’s especially important to communicate with your landlord if they knew about the unwanted roommate beforehand or approved a subtenant.
Should I Ask My Landlord for Help Evicting an Unwanted Roommate?
An unauthorized roommate whose presence violates the terms of your lease could jeopardize your tenancy. In most states, you could face eviction for allowing a guest, tenant, or subletter to move in against the lease terms.
Some states allow a grace period to resolve certain violations, so consider going to your landlord with the issue, even if you breached the lease agreement. You may be able to come to an agreement that allows you to remain in the unit while the landlord evicts the unwanted roommate. If you’re unsure whether going to your landlord will jeopardize your tenancy, consult a lawyer first.
5. Wait for the Landlord to Issue an Eviction Notice
The landlord must follow certain legal guidelines when giving notice. Each state has different grounds, requirements, and time frames for serving notice. Typically, the tenant will receive an eviction notice within a set period. If the roommate disregards the notice, the landlord may file an eviction lawsuit.
6. Wait for the Landlord to Initiate an Eviction Lawsuit
An eviction lawsuit lets the landlord present their case for eviction to a judge. During an eviction hearing, the judge determines whether they have grounds to evict the tenant. The unwanted tenant and landlord will both be summoned to attend the hearing. You may also be permitted to attend the hearing as a witness.
In most cases, the eviction process for a roommate who isn’t on the lease will be the same as that for official tenants. However, check your state and local laws for eviction timelines and requirements.
Can I Contact Law Enforcement to Remove a Roommate?
Most states require the landlord to complete the formal eviction process before contacting law enforcement. Failure to do so could create larger legal issues and set you or the landlord up for a lawsuit.
Some states, like Arizona, permit you to remove an unwanted guest under certain circumstances. For example, Ariz. Rev. Stat. § 33-1378 lets the tenant or landlord contact law enforcement to remove a person who knowingly stays on the property without the tenant or landlord’s permission.
If you feel threatened or unsafe due to the unwanted roommate’s violent, aggressive, or hostile behavior, don’t be afraid to reach out to law enforcement or local domestic abuse resources.
Regain Control By Evicting an Unwanted Roommate
Evicting a roommate not on the lease involves a thoughtful approach to ensure you don’t endanger your tenancy. Facilitate open communication and follow all local and state laws, especially if the individual has established tenant rights. Legal Templates offers an eviction notice template, plus other forms and resources for landlords and tenants, allowing you to navigate your situation with confidence.
For additional guidance, review our guides on How to Sublease an Apartment: 4 Easy Steps and How to Rent out a Room in Your House in 10 Steps.
Frequently Asked Questions
What happens if my roommate just leaves?
If your roommate just leaves, you’ll likely become responsible for the entire portion of the rent. Even if your roommate was a co-tenant, you may have to cover all the rent, especially if there was a joint and several liability clause in the lease agreement.
You may need to look for a new roommate to fulfill the lease’s obligations. The landlord may terminate your lease if you can’t fulfill the expected obligations because your roommate left.
How do I protect myself from a toxic roommate?
Protect yourself from a toxic roommate by being a good roommate yourself, learning to compromise, and establishing clear rules and boundaries. Communicate as soon as an issue arises and know when to seek help in a situation that may escalate.
What should I do if my roommate is hostile?
Alleviate tension and foster a collaborative environment with a hostile roommate by clarifying routines, establishing boundaries, and compromising tasks. If you feel threatened or otherwise unsafe, reach out to local authorities or domestic abuse resources.
How do I evict a roommate who doesn’t pay rent?
Contact your landlord to evict a roommate who doesn’t pay rent. Depending on your state, the landlord may be able to evict the non-paying roommate by issuing a late rent notice, posting an eviction notice, filing an eviction lawsuit, and having them physically removed, if necessary.
If you pay the departing roommate’s portion of the rent to keep the lease agreement, you may be able to take them to small claims court to recover their portion. If you retain the lease, you must either pay the full rent or arrange with the landlord to secure another approved roommate. Avoid having a roommate move in without the landlord’s approval.
Can I evict a roommate who’s on the lease?
In general, the responsibility to evict a roommate who’s on the lease lies with the landlord. A tenant cannot typically kick a fellow tenant off of the lease.
