Are roommates allowed to start an eviction process on fellow roommates?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are roommates allowed to start an eviction process on fellow roommates?

Asked on January 25, 2013 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only time under the laws of all states in this country may a roommate commence an eviction proceeding against another roommate is when there is a sub-lease situation or there is a signed roommate agreement allowing an eviction by one roommate against the other.

Good question.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, one tenant may not evict another. A tenant may evict:

1) a guest who is not paying rent and not on a lease (like a live-in significant other or friend) at any time (technically, this procedure would be called "ejectment" since the guest is a non-tenant);

2) a subtenant (someone who is not on the main lease, but rather is leasing from--e.g. paying rent  to--the tenant on the main lease) for nonpayment, for breach of the lease, at the end of the lease, or on 30 days notice if it is a month-to-month subtenant. (There are a few other grounds for eviction, but these are the main ones.)

But if the roommates are both tenants of the landlord, one may not evict the other.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption