Can You Evict Roommates That Are Not on the Lease?
Technically, only a landlord can evict a tenant who has signed a lease. However, there are some circumstances where an occupant of an apartment can be considered an equal tenant with those who have signed the lease.
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Tenants
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A tenant gets a name on the mailbox. A person is considered a tenant of an apartment if she signs the lease. A person may also be considered a legal tenant if she has lived in the apartment more than 30 days, paid rent directly to the landlord or had her name put on the mailbox.
Landlords
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Only a landlord can evict a tenant. A landlord is the only one who can evict a tenant. If your roommate is a legal tenant you cannot evict her, even if her name is not on the lease. However, the landlord may evict one tenant and let other tenants remain.
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Eviction
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Tenants may be evicted for failure to pay rent. A landlord must have compelling and documented reasons to evict a tenant, such as failure to pay rent.
Mediation
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Mediation can help resolve roommate conflicts. If your roommate is not considered a tenant but refuses to leave, perhaps your landlord can act as a mediator to help settle the dispute.
Other Options
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Hire a lawyer. You may have to hire a lawyer to act on your behalf to help remove your roommate if he is not a legal tenant.
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References
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