How do I legally evict someone who is only listed as an occupant?
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How do I legally evict someone who is only listed as an occupant?
I have a roommate that I want to evict but said person refuses to leave. I have a copy of the original lease contract supporting my claim; I am the sole tenant listed (and the landlord verified it). However, the landlord says she can’t get involved. What steps do I need to take that that are in accordance to Alabama law? I do not want money, I just want this person out.
Asked on June 27, 2011 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can evict them, but you'll have to go through the courts. A permitted occupant is evicted in much the same way as a tenant who violates or overstays her lease is evicted (as opposed to an unlawful trespasser, for whom you call the police). The eviction process is fairly straightforward; ideally, you should get an attorney, but you could do it yourself. Contact your local courts (either in person or online) to find forms, instructions, etc. Basically, you provide a notice to quit (or leave); if the person doesn't leave, then you file a summons and complaint for eviction. If they still don't leave, you'll go to court; unless they have some grounds to stay there--some agreement or sublease with you, that they have been honoring, for example--you should then be able to get a court order that they must leave, which will be enforced by the sheriff or court officers if the person still doesn't get out.
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