Can I evict a roommate who is not on the lease?

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Can I evict a roommate who is not on the lease?

This roommate is not in the lease but has been aggressive towards me and my girlfriend. He pays rent every month but its always a few days late and I have to front the money. I gave him multiple opportunities to sign the paperwork to get on the lease but he failed to do so every time.

Asked on February 5, 2018 under Real Estate Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since this roommate is not onn the lease but paid rent, he might be considered as your unofficial tenant or "sub-tenant" (which makes you the "sub-landlord"). Since you have the legal right to occupancy, you can file an "unlawful detainer" action (i.e. an eviction proceeding). This means that you will have to comply with all legal requirements in order to get this guy to leave. First, you must give him written notice (typically 30 days in this situation). If he refused to vacate, then you'll have to file suit in court. If it is granted, he will either have to leave the premises by the specified date or the sheriff will remove him. In the meantime do not undertake any "self-help" remedies such as changing the locks, removing his belongings, or the like. You could be sued if you do. That all having been said, if this guy is an "official" tenant, the only way to have him legally removed is to have your landlord file for the unlawful detainer. The fact is that having your roommate's name on a lease is not the only way that he may be considered to be a formal tenant of your landlord. He may have achieved the status of a tenant if your landlord accepted rent durectly from him directly, if the landlord put (or allowed him to put) his name on the mailbox/doorbell, or if he rented the place together with you and it was clear that you were both on equal footing (of course, if you get your landlord involved, you may have your tenancy put in jeopardy if your roommate is illegal). At this point you may want to consult directly with a local attorney who handles landlord-tenant matters.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since this roommate is not onn the lease but paid rent, he might be considered as your unofficial tenant or "sub-tenant" (which makes you the "sub-landlord"). Since you have the legal right to occupancy, you can file an "unlawful detainer" action (i.e. an eviction proceeding). This means that you will have to comply with all legal requirements in order to get this guy to leave. First, you must give him written notice (typically 30 days in this situation). If he refused to vacate, then you'll have to file suit in court. If it is granted, he will either have to leave the premises by the specified date or the sheriff will remove him. In the meantime do not undertake any "self-help" remedies such as changing the locks, removing his belongings, or the like. You could be sued if you do. That all having been said, if this guy is an "official" tenant, the only way to have him legally removed is to have your landlord file for the unlawful detainer. The fact is that having your roommate's name on a lease is not the only way that he may be considered to be a formal tenant of your landlord. He may have achieved the status of a tenant if your landlord accepted rent durectly from him directly, if the landlord put (or allowed him to put) his name on the mailbox/doorbell, or if he rented the place together with you and it was clear that you were both on equal footing (of course, if you get your landlord involved, you may have your tenancy put in jeopardy if your roommate is illegal). At this point you may want to consult directly with a local attorney who handles landlord-tenant matters.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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