How Do You Kick Out A Roommate Who Is Not On The Lease

In most states the notice period is 30 days.

How do you kick out a roommate who is not on the lease. You can t just throw a month to month tenant out since this would violate her right to occupy. Here are the basics of what you can and cannot do. In most situations without a lease the tenant pays rent on a monthly basis. If your roommate is living on the property without having signed a lease he is considered to be a month to month tenant according to the the state of texas and must vacate the premises after receiving written notice that instructs him to vacate.

In general you cannot evict your roommate if you are both on the lease. The key term you re looking for is joint and or several liability. Here the law will imply a month to month tenancy which means the tenant has the same rights and responsibilities as a month to month tenant with a written lease. Assuming that eviction is the appropriate course of action they will be the ones who need to initiate the proceedings.

However if the roommate refuses to leave a formal eviction will be necessary. By allowing the roommate to remain on the property sans lease you actually created a month to month oral tenancy agreement which must be undone using proper legal channels. In this case your best bet is to speak with your landlord. In that case the roommate could go right down.

In this situation your landlord must find just cause such as breaking the lease to evict your roommate aka your co tenant. You can evict if. If you ve had a friend stay over for a few nights there s no need to evict the person he s not legally a tenant. In most cases renters have a joint lease where all tenants are responsible for paying the rent.

Evicting a tenant isn t easy if his name s on the lease. Your roommate is specifically named on your lease. Even though the roommate isn t an official tenant you should give at least the same amount of notice required to end a month to month tenancy. When you can and when you can t.

In california and most other states however if someone has lived in your. If your roommate is not on the lease at all kick him her out according to your judgment of the danger you re in. Give a deadline by which the roommate and the roommate s personal property must be out of the rental. You can not evict if.

Sorry just because your roommate is not officially on any lease doesn t mean you can just change the locks and throw his clothes out the window. Roommates have no authority at all to evict someone who also signed the.