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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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