Do I have to give 30 day eviction notice to get a roomate out if they are not on the lease?

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Do I have to give 30 day eviction notice to get a roomate out if they are not on the lease?

Asked on April 4, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Who is the roommate renting from? If he or she is subletting from you and there is no written lease, he or she is your (sub)tenant on an oral lease, which makes him or her a month to month tenant.  That means you have to provide 30 days notice terminating his or hertenancy, after which you can bring an evicton action if he or she still doesn't leave.

If despite the fact of not being on the written lease with you, the roommate is renting from your landlord (such as under an oral lease), on the landlord can evict the roommate.

If the roommate is not a tenant--no lease, written or oral; not paying rent--then the roommate is just a guest. You can ask a guest to leave at any time.


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