Can I remove someone from a bedroom in my rented house if they don’t have a lease?

UPDATED: Jun 27, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 27, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I remove someone from a bedroom in my rented house if they don’t have a lease?

I’m working on evicting an “occupant/guest” from my house;upon moving in they refused to sign a lease. I was told that said person would be out at the end of the is month and that is not going to be the case. I am the only one on the lease with the actual owner of the house, so I rent out a few rooms. I have an incoming legal tenant with signed lease on the 1st. Can I remove the property from the bedroom and place it somewhere in the house (not locked up)? I am reviewing the landlord tenant act and it doesn’t cover much for roommates.

Asked on June 27, 2012 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you may not simply remove his property or otherwise lock him out. If he was originally supposed to sign a lease or rent from you but has not paid rent, he is tenant (obviously, a very bad one!) and you can evict him for non-payment of rent--but you have to evict him through the courts, which will take at least several weeks. Failure to evict him through the courts could potentially give him grounds to sue for illegal eviction.

You certainly can first try contacting the police, explaining the situation, and seeing if they will treat him as a trespasser and remove him; however, it is very unlikely that they will, based on the circumstances you describe. It is much more likely that they will tell you that you need to evict him through the courts, as described above.

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 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 lock Secured with SHA-256 Encryption