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


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.

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