If I rent a house and in turn rent a room out to another person, canI do an eviction or does the owner of the house have to do it?

The person who is entitled to possession of the premises is the one brings an eviction action (i.e. “unlawful detainer”). Since the lease is in your name and this person is supposed to pay you and not your landlord (I assume), you are the “sublandlord”.

Asked on November 7, 2011 under Real Estate Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

At this point it is important that you follow all legal procedures. What you'll need to do is top serve this tenant with notice to quit the premises (how much notice depends on the reason that you are evicting them). If they fail to leave by the date given, then you will have to file in court. Once a judge issues an order to vacate, if they remain you can have the sheriff remove them, forcibly if necessary. 

Again, follow all legal procedures. Attempting to remove someone from their legal residence in an unlawful manner opens a landlord (or sublandlord) up to liability for monetary damages.  Therefore do not use self-help rememdies such as removing this tenant's personal belongings or changing the locks. 

At this point, you should consult with a landlord-tenant attorney for further information as to your specific situation.


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.