Most landlords require all adults living in a rental to sign the lease or rental agreement. Additionally, most lease and rental agreements explicitly prohibit non-signers from living in the rental and limit the number of days guests can stay in the property. Assuming your lease or rental agreement contains similar provisions, your landlord can terminate your lease (and possibly evict you) for bringing in unauthorized roommates and subtenants. (A subtenant is someone who sublets or rents all or part of the rental premises from a tenant, not the landlord.)
Despite the fact that they could be violating their lease or rental agreement, it is not uncommon for tenants to have a friend or significant other move into their rental unit without the landlord’s knowledge. Alternatively, landlords sometimes allow a boyfriend or girlfriend to move in without signing the lease (or turn a blind eye to the agreement). In some areas, even guests who stay longer than expected can become legal tenants (even if they don’t sign a lease or rental agreement), simply by virtue of the length of their stay.
so what do you do when you want a roommate who is not on the lease or rent to move out?
can i evict a roommate who is not on the lease during the coronavirus pandemic?
many states and cities have implemented eviction bans for the duration of the covid-19 outbreak. Even if there is no ban, most courts in the United States have postponed hearings on non-essential matters, including eviction hearings and landlord-tenant matters. As described in this article, your roommate does not have to be on the lease or rental agreement to legally qualify as a tenant or to acquire rights similar to those of an official tenant. this means that you are probably stuck with your roommate by now. check the language of applicable prohibitions and court notices to find out exactly what you can and cannot do during the outbreak.
Even if you can’t physically remove your roommate from your rental right now, you can take steps now that will make it easier to end the relationship as quickly as possible. for example, writing the flatmate a letter indicating that they must leave as soon as the end of the state of alarm is declared. If you decide you would like your landlord’s help in getting your roommate out (as explained below), contact your landlord now and make a plan. additionally, some courts still accept eviction papers, but only postpone hearings until normal court proceedings resume; check your local court website to find out if this is an option.
Lastly, consider having a frank conversation with your roommate. You are most likely at home with this person due to stay-at-home orders. see if you can come to an agreement on your living arrangement that allows you to co-exist peacefully for now, and then go your separate ways once the pandemic fears are over. be sure to put any agreements in writing.
notify roommate
Removing an unauthorized roommate who doesn’t want to leave can be a challenge. Under many laws, all occupants, even those whose presence was not authorized by the landlord, have certain rights to remain in a rental, especially when they have lived there for a long time.
You must inform your roommate, in writing, that you are ending the current living arrangement. give a deadline by which the roommate (and the roommate’s personal property) must be out of the rental. even if the roommate is not a registered tenant, they must give at least the same amount of notice that is required to end a month-to-month tenancy. in most states, the notice period is 30 days. Make sure your roommate gets the notice: As silly as it may seem given that you live together, consider sending the notice by certified mail as proof of receipt. Please keep a copy of the notice for yourself.
If your roommate ignores your notice and stays in the rental, you may need to file an eviction lawsuit. In general, the procedures for evicting a resident who is not a party to the lease or rental agreement will be the same as those for official tenants, but state or local laws may be an exception. A local landlord-tenant attorney can help you navigate how to proceed in the courts in your area. Please note 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 those of a tenant) from a rent.
when a tenant legally acts as landlord
Even when the landlord approves a subtenant, getting the subtenant out can be a challenge. Depending on the terms of your lease or rental agreement, you may be solely responsible for terminating the sublease. if the subtenant does not leave voluntarily, you may also need to file an eviction lawsuit on your own.
Evicting a subtenant can be especially difficult when you don’t have a written sublease agreement that covers things like 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 vacate. In either case, eviction lawsuits can be a costly and time-consuming process.
master tenants
enlist the landlord’s help in evicting unwanted occupants
Depending on your relationship, you might consider enlisting your landlord’s help in removing the unwanted roommate, especially when the landlord approved a sublease or knew the roommate. however, if you brought in an occupant in violation of a clause in your lease or rental agreement (such as a long-term no-guest clause or a no-sublet clause), your landlord could simply terminate your lease to get rid of the problem. .
Even if your landlord wants to help you get your roommate out, they may ultimately decide there is no viable solution other than to evict everyone living in the rental and start over with a new tenant.
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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. As discussed above, state, local, and rent control laws vary widely, and often a single misstep under the law can send you back full circle in the process of removing a roommate. /p>
if you fear for your immediate physical safety
If your roommate is abusing you or you are worried your roommate will hurt you, contact the police for information on temporary restraining orders and communicate your fears to your landlord. Some laws give special protections to tenants who are victims of domestic violence.
When seeking help as a victim of abuse, remember to consider how private your computer, internet, and phone use is. consider if there is anything you can and should do to prevent someone else from knowing that you are investigating or seeking help. Some victims, for example, may use the same computer or device as the abuser or may have a phone plan that allows the abuser to see the calls they make and receive. Other types of technology, such as home security cameras and GPS in phones and cars, can also allow the abuser to monitor them.