If my roommate didn’t pay the rent and his name is not on the lease, can I take him to court for an eviction?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my roommate didn’t pay the rent and his name is not on the lease, can I take him to court for an eviction?

Asked on February 27, 2011 under Real Estate Law, Georgia

Answers:

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

Answered 13 years ago | Contributor

Since your friend is not on the lease and did not pay any rent, he will most probably not be considered to be a "tenant" (see note below).  Accordingly, he will be considered to be a "licensee" (i.e. someone invited onto the property and allowed to stay).  Now that permission to stay has been revoked, you (the legal occupant) must give a 30 day notice for him to vacate the premises - whether or not he is on the lease).  If he doesn't leave by the date specified then you will need to file a "unlawful detainer action" (i.e. eviction). 

Note:  If he was a tenant, then your landlord would need to file because only landlords can evict tenants.  In addition to being on the lease and/or paying rent, he may have achieved the status of a tenant if your landlord put (or allowed him to put) his name on the mailbox/doorbell, or if you and he rented the place together and it was clear that both of you were on equal footing, etc. 

Regardless of who files for an eviction, it is important that they comply with all legal requirements; this includes proper notice to vacate the premises.  Someone who is put out of their home in an unlawful manner is entitled to recover damages in a separate legal action against the wrongdoer. Additionally, using illegal methods to force someone to move is a criminal violation.  Therefore self-help measures such as removing personal belongings or changing locks, cannot be used.  At this point, you should consult with a landlord-tenant attorney or tenant's rights organization to find out just what the process is for a legal eviction in your state.


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