Can one roommate evict another?

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Can one roommate evict another?

First of all 2 roommates are on the lease, 2 aren’t. We want to evict 1 of roommates not on the lease because she hasn’t paid for utilities for over a year. Does just 1 of the roommates on the lease have the power to evict her (seeing as shes month-to-month and as such a subtenant)? The other roommate on the lease wants nothing to do with anything so he’s not involved either way. Also, can I(someone not on the lease but who lives here) hand deliver the 30 day notice from the roommate on the lease to the woman, as a third party to start the eviction process? And what happens if she doesn’t sign?

Asked on July 6, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only way a roommate can evict another roommate is if there is a sub-tenancy in place where one roomate is leasing space in the rental from the other and only if certain circumstances warrant the termination of the lease such as non-payment of rent as you have written.

The issue is whether or not the roommates you are writing about have an agreement to rent the unit you have written about with the owner of the property (landlord) or one of the actual roommates.

From what you have written, it seems that this one particular roommate is a sub-tenant. If so, I suggest that the "landlord" for her serve her with a thirty (30) day termination of her lease. She does not have to sign for it. She just gets handed the notice. If she does not vacate after thirty (30) days, then you need to file an unlawful detainer action in the court system and serve her with it. At this point you should get a landlord tenant attorney to assist you in the eviction process.

 


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