Evicting a Roommate Who's Not on the Lease According to the Law
You're wondering if you can . And you feel as though you're in between a rock and a hard place. Of course, you don't want to violate the terms of the lease. But you're also ready to remove your live-in pal.
There are eviction laws to consider, too. And since your roommate isn't officially on the lease, do you even have the authority to evict them?
Evicting a roommate who's not on the lease will require a request in writing, right? But then, do you have to provide a 30-day notice? And then there's the added anxiety you have should your roommate refuse to leave.
You can't afford an expensive attorney. But you know you need to do something. Evicting a roommate who's not on the lease shouldn't be this hard. And the good news is DoNotPay has just the product for the job.
Reasons to Evict Your Roommate Who’s Not on the Lease
Even though most landlords won't allow anyone to live in the property without signing a lease, exceptions can be made. Sometimes, it's permitted to have a relative, significant other, or family member move in, especially if it's expected to be temporary. In those instances, might warrant a call to the landlord.
It's not entirely uncommon for renters to move in roommates without the landlord's knowledge. If you're in this predicament and ready to evict your roommate who's not on the lease, it's going to be trickier to do. You might be able to have a civilized conversation and come to terms. But you might also be facing one of these deal-breaker scenarios, meaning the only solution is to evict.
- Relationship breakup
- Evidence of theft
- Damaging the property
- Refusing to pitch in on rent payments or previously agreed expenses
- Behavioral or substance abuse issues
What Does an Eviction Process Look Like?
The next question when it comes to is, do you even have a legal leg to stand on in the first place? Since there isn't a binding agreement in place, can you pursue an eviction?
It's important to first consider the state laws that apply to you. What you're allowed to do about a non-lease-signing roommate in Nevada might be different from Illinois. And even those tenants without a signature still have certain rights to property, notice, and legal recourse. Evicting a roommate who's not on the lease might look different in each state.
|Be Mindful of Pandemic Eviction Bans||There are still many states and communities with eviction moratoriums in place. Don't assume that just because your roommate didn't sign the lease, these bans don't apply to them. Evicting a roommate not on the lease right now might end up causing more trouble for you in the end.|
|Preparing Notices of Eviction||You'll need to inform your roommate of the eviction request in writing. You'll need to document your request with specific language about ending the "current living arrangement." And when evicting a roommate not on the lease, you'll need to make sure the document is delivered, in-hand.|
|State-Required Timelines to Move Out||No matter how heated your roommate situation is right now, you still need to legally provide a timeline to leave. In your written request, be clear about a deadline to leave, including the removal of any personal property. Typically, landlord laws require a 30-day notice period. And evicting a roommate not on the lease will require the same considerations.|
What Should You Do if Your Roommate Refuses to Leave?
Drafting an eviction request and waiting 30 days might not sound too terribly unreasonable. But then there's the worry that your roommate won't want to leave. What can you do if you can't evict a roommate, not on the lease? Talking to your landlord might help. But it also might mean eviction for you if you moved someone in without the landlord's consent.
Here are a few things to consider:
- Be prepared to file an eviction lawsuit, even to evict a roommate, not on the lease.
- It's never legal to physically remove someone from the property yourself.
- Locking out a tenant may be illegal, as well.
- If your escalated situation has you feeling in danger, contact the local authorities.
How to Go About Evicting a Roommate, Not on the Lease
When you're ready to get started, you'll need to find some resources to help. Of course, the ideal situation is one in which your landlord already knows about the non-lease signing roommate. But if your property manager or landlord is clueless about your live-in pal, here are some of the available resources you might need. will be nearly impossible without them.
Drafting an eviction notice: Here are a few online sample resources.
Other resources to help explore your legal options:
- National Low Income Housing Coalition (regarding eviction bans)
- Tenant Resource Center (subletting information)
- The Balance (notice to quit resources)
Again, it's always best to try and have a conversation with your roommate first. You might just both come to a mutual agreement. But if that doesn't work, you should be prepared for a lengthy and challenging process. Evicting a roommate who's not on the lease will be an uphill battle, with confusing next steps and potential litigation in court.
But don't get down just yet. There is another way to legally and properly remove a roommate not on the lease without all the hassle and headaches. Let DoNotPay show you the way.
Evicting a Roommate Who’s Not on the Lease With DoNotPay
If you've tried the civilized conversation route and still come to the conclusion you need to move forward with an eviction process, DoNotPay can help. Don't worry about drafting notices, collecting proof of eviction motives, and trying to sue on your own. DoNotPay has a hassle-free way to .
DoNotPay is here to guide you through evicting a roommate and filing your disputes on your behalf. Our Landlord Protection product can help you:
- Get back your security deposits
- Learn about your state's eviction laws and what protections apply in your case
- Resolve disputes regarding repairs with your landlord
- Resolve disputes with roommates by filing demand letters or going through small claims court
- Break your lease early
And if you need assistance with breaking a lease, DoNotPay can help, too.
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it. You should hear back from your landlord directly once your demands are sent.
DoNotPay Can Help Evict a Roommate in Any State
DoNotPay doesn't operate in a silo. Our products are designed to help renters in every state. Evicting a roommate not on the lease in Kentucky is just as easy as it is in California. And there are other renter-related tasks DoNotPay can help you tackle, like
- Suing a landlord for your deposit
- Exploring renters' rights in any state
- Send repair requests to your landlord
DoNotPay Makes a Host of Legal Problems Hassle-Free
You don't need an expensive lawyer in a fancy suit to handle your legal situations. DoNotPay can help you sue and evict a roommate, not on the lease. But there is so much more DoNotPay can help you with legally, too.
- File suit in small claims court
- Find standardized documents
- Notarize documents
- File Freedom of Information Act requests
- Find missing money owed to you.
Don't let a spoiled roommate situation get you down. If you need to evict a roommate who's not on the lease, you have resources available, including DoNotPay, the easiest way to give your roomie the boot.