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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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