Although bringing in a roommate might seem like a great plan, living with another person in your rental doesn’t always work out. Once you bring in a new roommate, that person might gain rights to the rental that are similar to those of any other tenant—even if the person isn’t on the lease. As a result, ending the relationship and convincing your roommate to move out might present some difficulty. A variety of factors, discussed below, can affect how difficult it will be to evict a roommate who is not on the lease.
The Terms of the Lease or Rental Agreement
When you want to evict a roommate, you should first review the terms of your lease or rental agreement. Most landlords require all adults who live in a rental to sign the lease agreement. Many landlords specifically prohibit anyone who doesn’t sign from living in the rental for an extended amount of time. It’s likely that your lease or rental agreement limits the number of days a guest can stay at the rental without specific permission from the landlord.
If your lease agreement contains restrictions on the length of guest stays, your landlord may end your tenancy or even evict you for allowing a roommate who is not on the lease to stay without their permission.
When a lease or rental agreement is silent about guests, you might have more flexibility. Some landlords (but not many) allow roommates to move in without signing a lease. If your landlord allows guests to stay for an extended time (especially when that time is designated in the lease agreement), you might have an actual end date on which your roommate must leave. This can make it easier for you to kick out an unwanted guest.
When a Roommate Becomes a Legal Occupant
Depending on where you live, roommates who are not on the lease might become legal tenants when they’ve lived with you for a certain length of time. In some states, roommates might become month-to-month tenants who are entitled to at least 30-day notice to move out or be formally evicted. If your state or local laws grant long-term guests tenant rights, you’ll need to review these laws to determine the proper procedure for removing the roommate. Most of the time, you will have to follow the same eviction procedures that the landlord who oversees the property would.
Also, if your roommate pays rent directly to the landlord (not to you), and your landlord accepts this payment, your roommate might be considered a co-tenant—even in the absence of a written lease. This is the rule in many cities with rent control or other tenant protections, such as those that require landlords to have just cause (good reason) to evict a tenant. In this case, you have no power to evict your roommate—only the landlord can.
Give Your Roommate a Written Eviction Notice
If there’s any possibility that your roommate will not leave the rental willingly, you will need to formally terminate the roommate arrangement with a written notice. (Your notice will need to comply with any statutory notice requirements.) So long as the roommate has not earned tenant status, you don’t need any official reason to evict your roommate other than no longer wanting the person in your rental.
Your letter should include the date by which you expect your roommate to move out. So long as no statute applies to the situation, there is no required notice period. However, you will want to give your roommate a reasonable amount of time to secure another living situation and to remove all personal items. Typically, 30 days’ notice should suffice. Although it might seem silly to mail a letter to someone you live with, it’s always a good idea to send the letter to your roommate via certified mail. Your receipt will prove that your roommate received the letter in the event you have to go to court to end the arrangement. You should also keep a copy of the letter for your records.
If, despite receiving your letter, your roommate refuses to leave, you will have to make a choice as to how to proceed. You might be able to use the formal eviction process as you would for an official tenant. However, eviction is a long and complicated process that often requires the help of a local landlord-tenant attorney.
Think twice before engaging in self-help such as changing the locks, removing the roommate’s personal items, or having the roommate physically removed. You never want to resort to violence in removing a roommate. And, if the roommate has gained tenant rights, your changing the locks or removing personal items could constitute an illegal eviction.
Get the Landlord’s Help
Your landlord might be able to offer some help when it comes to evicting a roommate who is not on the lease. A landlord who was aware someone moved in but didn’t say anything might be able to file a criminal trespass complaint.
Be selective about asking the landlord for help, however, as it might not work in your favor. Many landlords don’t want to get involved in personal disputes and might ultimately decide that the best solution is to not renew your lease because of the unauthorized roommate. Your landlord could also choose to evict you for breaching the lease by having an unofficial roommate and start fresh with a new tenant.
Avoiding Roommate Problems
When bringing in a roommate, it’s always recommended to make your roommate a party to the rental agreement or lease. Even if your landlord doesn’t require it, it could save you a lot of hassle in the future—especially when you no longer want to live with your roommate.
You should have a serious conversation with prospective roommates about the living arrangements so that there is no confusion or room for misunderstanding about the terms of living with you. It’s a good idea to enter into a written roommate agreement that details terms such as how much rent each roommate will pay, who will actually pay the rent, how other shared expenses (such as electricity and other utilities) will be paid, the length of the roommate agreement, and grounds for ending the roommate arrangement. That way your roommate will be clear on what actions might lead to eviction.
Removing an unauthorized roommate can be very complex. Aside from the problems that might arise with your landlord, if you make a misstep and wrongfully remove a roommate who has the same rights as a tenant, you could expose yourself to liability arising from an illegal eviction. State and local laws vary, and it can be challenging to figure out which rules apply to your situation. You might want to consult with a local landlord-tenant attorney to discuss the particulars of your arrangement and the best course of action to avoid personal liability.