How long does it take for somebody to kick out an authorized tenant out of his home?

UPDATED: Jul 11, 2012

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How long does it take for somebody to kick out an authorized tenant out of his home?

I moved in with my roommate on the 1st. We moved in together and split the security deposit and first month’s rent. We moved in the same day but only his name is on the lease. If he wanted to kick me out and if he went about it the legal way how long would it take and what would he have to do. He can’t just kick me out can he?

Asked on July 11, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written in your question since you are not on the actual lease for the unit you are occupying with your roommate who is on the lease as the tenant with the landlord, you are the roommate's sub-tenant under the law.

If your roommate and "landlord" wishes to have you evicted from your rental, he or she is required under the laws of all states in this country to serve you with a thirty (30) day written notice of the termination of your sub-lease.

You then have thirty (30) days from service of such notice to leave the place you are currently occupying.

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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