If I live with a roommate and we don’t get along, if her name isn’t on the lease and she doesn’t have her name on any bills is there a way for me to kick her out?

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If I live with a roommate and we don’t get along, if her name isn’t on the lease and she doesn’t have her name on any bills is there a way for me to kick her out?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she is not on the lease to the landlord (only you are) and she pays rent, she is most likely a subtenant of yours (of yours, even if you have her pay her share of rent to the landlord for convenience; because if there is a written lease in effect and you are the only person on it, then you are the landlord's tenant, so she should be your subtenant) on an oral lease. An oral lease makes for a month-to-month tenancy. You should be able to give her a month's notice terminating her tenancy, then bring an eviction action in court if she will not leave. If she does not pay rent, she is a guest, and you could immediately ask her to leave (guests may only remain with permission), then, if she does not leave, bring an "ejectment" action in court to remove her ("ejectment" is essentially eviction for non-tenants).


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