Can you evict someone not on the lease

Charles Aurora Wheaton. Cedar Rapids Davenport Des Moines. No items found. November 16, In this article What is a Lease? The Eviction Process Reasons for a landlord to evict a tenant include: Failure to pay rent Damaging the property Refusal to move out once the lease has expired Failure to abide by any of the agreements laid out in the lease The first step to evicting a tenant is to provide the tenant with a proper eviction notice, which typically gives a deadline to comply with the lease and lists how much the renter owes.

What to Expect From a Consultation The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Learn More About Our Firm. Similar Articles Heading. What are Local Rules in Indiana? Kevin O'Flaherty. Connie J. Even though the roommate isn't an official tenant, you should give at least the same amount of notice required to end a month-to-month tenancy. In most states, the notice period is 30 days. Make sure that your roommate receives the notice: As silly as it might seem given that you live together, consider mailing the notice via certified mail for proof of receipt.

Keep a copy of the notice for yourself. If your roommate ignores your notice and remains in the rental, you might have to file an eviction lawsuit. In general, the procedures for evicting a resident who isn't a party to the lease or rental agreement will be the same as those for official tenants, but your state or local laws might be an exception. A local landlord-tenant attorney can help you navigate how to proceed in your area's courts.

Keep in mind that—regardless of the roommate's status on the lease or rental agreement—it is never legal to physically remove or lock out a tenant or a roommate who might have legal rights similar to a tenant's from a rental.

Even when your landlord approves a subtenancy, removing the subtenant can be challenging. Depending on the terms of your lease or rental agreement, you might be solely responsible for terminating the subtenancy.

If the subtenant doesn't leave voluntarily, you might also have to file an eviction lawsuit on your own. Evicting a subtenant can be especially difficult when you don't have a written subtenancy agreement covering issues such as termination and eviction rules and procedures. It can be especially complex if the property is rent-controlled and requires "just cause" a good reason to evict. In any case, eviction lawsuits can be an expensive and time-consuming process. Depending on your relationship, you might consider enlisting your landlord's help in removing the unwanted roommate—especially when the landlord approved a subtenancy or was aware of the roommate.

However, if you brought in an occupant in violation of a clause in your lease or rental agreement such as a no-long-term-guests clause or a no-subletting clause , your landlord might simply terminate your tenancy to be rid of the problem. Even if your landlord would like to help you remove your roommate, your landlord might ultimately decide there's no viable solution other than to evict all people living in the rental and start fresh with a new tenant.

Due to the complexity of getting rid of an unauthorized occupant in your rental, consider consulting with a local landlord-tenant attorney before taking any action.

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However, since your roommate has no lease, you can evict him for any reason, including that you don't want to co-habitate any longer.

You must still provide notification in the form of a formal written notice to quit or leave, which an attorney can help you create. Be careful saying you are evicting him for not paying rent, even if that's the main reason -- California requires you to give him five days to respond to your notice and come up with the back rent, while some states allow up to 10 days.

If he complies and pays you the back rent during that time period, you must halt the eviction. When you provide your sub-tenant with notice of eviction, make sure you provide adequate time for the person to leave. In most cases, this is 30 days, or an average rental period.

For example, if your lease says you pay your rent every two months instead of every month, you'll have to give two months' notice in your roommate's eviction notice. It's best if your roommate leaves quietly during the day notice period after you give him the eviction paperwork.