How do I evict a roommate?

I recently rented a new property. I’m the only applicant signed on the lease but i have my roommate and her three kids listed as occupants. I’ve not received any money from her labeled as rent however the gas bill is in her name. She has been paying the regular utilities.

Asked on November 13, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are are the only person on the lease, then you should be considered the only tenant of the landlord. If the roommate has been paying something regularly towards the apartment, she should be considered a subtenant of yours. That being the case, if there is no written sublease, she would be a month-to-month subtenant on an oral lease. Try giving her 30 days notice terminating her tenancy, then bring an eviction action if she does not leave.


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.