Can I legally kick out a roommate who has not signed a formal lease agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I legally kick out a roommate who has not signed a formal lease agreement?
I am the sole holder of the lease to the rental property. This person also does not have anything under his name and not even an updated license. If so, what is the process of doing so?
Asked on July 11, 2015 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If your roommate paid rent (or was suppossed to) but is not on the lease, they are your "subtenant". Accordingly, you have the right to evict them. However, you must comply with the legal procedures for doing so, starting with giving them a 30-day "notice to vacate" the premises (or "notice to quit"). If they aren't out by the specified date, you will need to file a "unlawful detainer action" (i.e. an eviction lawsuit).
Note: They could be considered to be a tenant (as oppossed to a subtenant) if they paid rent directly to the landlord or if the landlord put (or allowed them to put) their name over the doorbell or on the mailbox. In that case, your landlord would need to file for the eviction since only landlords can evict tenants.
Again, be sure to take all required legal steps; otherwise they could be entitled to recover damages for unlawful eviction. So don't remove their belongings, change the locks, etc.
At this point, you should try to speak with an attorney who handles landlord-tenant cases. They can best advise you further.
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.