What are my legal rights if I have roommates that are not living with me legally?

I rent my house from a company who rents it out for the owner of the house. I have 2 roommates who live with me and my husband and have been for about 5 months. The problem is that they are not on lease agreement and the company does not know. Hindsight obviously should have never let them live. What are my options to get them out of my house. If I go to the company I may get evicted. If I lock them out change the locks might be illegal and if it is not they could turn me into the leasing company as well. We all 4 signed a contract that details the term of them living with me and my husband stating how much they have to pay month to month and what they are responsible for. What can I do?

Asked on July 24, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with an attorney--this is a complex case. Even if you are violating the terms of your own lease by having these people living with you, if you have a lease with them--the contract you mention--they are subtenants of yours. In that case, I believe that you can only evict them through the courts--if you lock them out, you will be committing an illegal eviction, and could be liable to them. But as you note, you want to preserve your own tenancy. You need an attorney's help to resolve this matter.


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