How do I kick out my roommates that aren’t on the lease?

UPDATED: Dec 23, 2012

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How do I kick out my roommates that aren’t on the lease?

Asked on December 23, 2012 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are they guests of yours, staying without paying anything? If so, you can ask them to leave at any time; if they won't, you (or better yet, an attorney on your behalf) would file an "ejectment" action (eviction for nontenants) in court to get them out. Guests have no right to possession or residence; they may only stay so long as the person with the right to residence or possession allows them to stay.

If they are paying you money to stay there, then they are subtenants of yours. If there is no written lease, they are subtenants on an oral lease. An oral lease creates a month-to-month tenancy; in that case, you could give them 30 days notice terminating their tenancy and, if they don't then leave, file an eviction action against them in court. Or if they have failed to pay rent, you could immediately bring an eviction action based on nonpayment.

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.

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