Are roommates allowed to start an eviction process on fellow roommates?
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Are roommates allowed to start an eviction process on fellow roommates?
Asked on January 25, 2013 under Real Estate Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The only time under the laws of all states in this country may a roommate commence an eviction proceeding against another roommate is when there is a sub-lease situation or there is a signed roommate agreement allowing an eviction by one roommate against the other.
Good question.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, one tenant may not evict another. A tenant may evict:
1) a guest who is not paying rent and not on a lease (like a live-in significant other or friend) at any time (technically, this procedure would be called "ejectment" since the guest is a non-tenant);
2) a subtenant (someone who is not on the main lease, but rather is leasing from--e.g. paying rent to--the tenant on the main lease) for nonpayment, for breach of the lease, at the end of the lease, or on 30 days notice if it is a month-to-month subtenant. (There are a few other grounds for eviction, but these are the main ones.)
But if the roommates are both tenants of the landlord, one may not evict the other.
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