If I’m currently living in a home but am not on the lease and my roommate who is on the lease is trying to give me 48 hours to move out, what can I do?

UPDATED: Jul 6, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 6, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m currently living in a home but am not on the lease and my roommate who is on the lease is trying to give me 48 hours to move out, what can I do?

I’ve been here for a few months but now that they dont want me and my child there. Do I have any rights giving me legal time to get out of the home?

Asked on July 6, 2015 under Real Estate Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I'm assuming that you paid rent. In that case, since you are not on the lease, you are your roommate's "subtenant" . Accordingly, you must be given a 30-day "notice to vacate" the premises (or "notice to quit"). If you aren't out by then, your roommate will need to file a "unlawful detainer action" (i.e. an eviction lawsuit).

Also, you could be considered to be a tenant (as oppossed to a subtenant) if you paid rent directly to the landlord or if the landlord put (or allowed you to put)your name over the doorbell or on the mailbox. In that case, your landlord would need to file for the eviction since only landlords can evict tenants. In other words, your roommate would have no right to evict you.

As you seem to be aware, you have rights in this situation since your roommate is not following legal procedures. In fact, you could be entitled to recover damages, especially if your roommate tries to remove your belongings, changes the locks, etc.

At this point, you should try to speak with an attorney who handles landlord-tenant cases. You can also see if there is a tenant's rights organization who can give you more information. Also, your local social services department may know who can be of help. Finally, see if there is a law school nearby since they run free or low cost clinics that handle these type cases.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption