When the person isn’t on the lease agreement, asking them to pack their bags and leave doesn’t always work. The legal process varies by state, and it depends on the person’s status in your home. For some roommates, all it takes is a polite conversation. For others, it could require tenants to escalate the issue to a legal dispute.
In this guide, we’ll explain how to evict a roommate not on the lease. We’ll walk you through the step-by-step eviction process to help you regain possession of your home safely and legally.
What’s the difference between a guest, a roommate, and a tenant?
When you’re trying to evict someone who’s not on the lease, your first step is determining their legal status in your home. The process is different depending on whether the person is a roommate, guest, tenant-at-will, or subtenant. Here’s what you need to know:
Roommate: Typically, a roommate is someone who shares living expenses with you. The rental agreement may list the roommate as a co-tenant, but not always. If the roommate pays rent directly to you, your local law may consider them a subtenant, even if there’s no formal agreement in place.
Guest: A guest is someone you invite to stay with you for a short amount of time. In most cases, tenants don’t expect them to pay rent or contribute to utilities or living expenses. However, if your guest begins paying rent to remain on the property, your state’s law may consider them to be a subtenant, even if you don’t have a written agreement.
Tenant-at-Will: In some states, if a person doesn’t pay rent and they don’t have a move-out deadline, the law may classify them as a tenant-at-will. In these cases, you can typically follow the same eviction process as you would to remove a tenant from the property.
For example:
Nevada: State law treats guests as tenants-at-will, and tenants must give them 5 days’ notice to leave the property. If they don’t comply, you must send them a 5-Day Notice to Quit for Unlawful Detainer before you file a case in court (Nev. Rev. Stat. § 40.251, 40.254)
Virginia: Tenants-at-will are considered tenants-at-sufferance. State law permits property owners to obtain a summons for unlawful detainer, but they must give the tenant-at-will a Notice to Vacate first (Va. Code § 8.01-124).
Check your local law or speak with a trusted legal professional to learn more.
Subtenant: Typically, a subtenant formally rents living space from the property’s original tenant or their landlord. The tenant on the lease must get the landlord’s permission to sublet. There’s usually a written agreement between the tenant and their subtenant specifying:
- The rent amount
- What part of the rental unit the subtenant can access
- How long the subtenant will be renting from the tenant
Remember, state law could consider a roommate, guest, or tenant-at-will who pays rent a subtenant. In most states, removing a subtenant follows the same eviction process as removing a tenant. Because of this, subtenants are the easiest type of people to remove from your property since you have a clearly defined process to follow.
Keep in mind: Nearly every state has protections in place to help victims of domestic violence or abuse permanently remove the abuser from their home. If you or someone you know is in this situation, check the specific laws in your state or speak with a trusted legal professional to determine the best course of action.
7 Steps to Evict a Roommate Not on the Lease
If you’re living with someone who shouldn’t be in your home, here’s how you can get them out and reclaim your space. Keep in mind, your state’s law may not require you to take all of these steps. For instance:
Arizona: State law permits tenants or property owners to request law enforcement to remove guests not on the lease from the property (Ariz. Rev. Stat. § 33-1378).
Utah: If a landlord or tenant asks a guest to leave and the guest refuses, they can call law enforcement to have the guest removed for criminal trespass (Utah Code § 76-6-206.4).
So while the answer to how to evict a roommate not on the lease varies by state, we’ve outlined a process that covers most elements of a legal eviction:
- Determine their status.
- Speak with your landlord (if you’re renting).
- Contact law enforcement or deliver an eviction notice (if required).
- File an eviction action (if required).
- Submit the court documents (if required).
- Attend the hearing (if required).
- Appeal the ruling (if required).
Here’s what you need to know:
1. Determine Their Status
As mentioned, your first step is to determine whether the person is a roommate, guest, tenant-at-will, or subtenant. Here’s how:
Written messages: Use your communication records, including time-stamped emails and texts, to clearly identify the person’s status within your home. We recommend finding messages showing why the person was staying with you and whether they contributed financially.
Bank transactions: Pull up transaction records for any money they sent you for rent or living expenses. These financial statements can help defend your case.
Smart-home access: If your property uses smart-home technologies for access, including smart locks, guest passcodes, or app-based entry logs, use this information to prove whether they visit occasionally or live in the space full-time.
Digital leasing platforms: Review your lease agreement to see if there are any relevant clauses discussing:
- Roommates
- Guest policies
- Subtenants
Property management software can make it quick and easy to pull these documents.
After you’re done sourcing your evidence, compile this information into an organized PDF. We recommend creating a clear timeline of events. If you escalate the dispute to court, you can use this paper trail to defend yourself.
2. Speak with Your Landlord (If You’re Renting)
If you’re renting and someone who’s not on the lease has refused to leave, reach out to your landlord.
We recommend taking an honest, transparent approach, especially if your landlord wasn’t aware that someone was staying with you. If the property owner didn’t permit you in the first place, the landlord may be able to evict them legally.
However, they may also be able to evict you if your lease prohibits unauthorized guests or roommates. Even if you risk a penalty, you must communicate the issue to your landlord. In some states, including Nevada (Nev. Rev. Stat. § 40.254) and Virginia (Va. Code § 8.01-124 et seq.), the law requires landlords to file the eviction action.
3. Contact Law Enforcement or Deliver an Eviction Notice (If Required)
Certain jurisdictions require landlords and tenants to file an eviction notice with the courts. However, other states allow you to contact law enforcement to have the person forcibly removed. Check your local laws to determine what steps you need to take to remove someone who’s overstayed their welcome.
Contacting Law Enforcement
If your state law doesn’t require you to go through the courts, all you need to do is contact law enforcement officials, and they’ll take care of the rest.
In these situations, officers remove the person from the property on your behalf. Some states, including Washington (Wash. Rev. Code § 9A.52.105), have laws requiring officers to give the person a reasonable opportunity to defend their claim to stay there. It’s up to the officer to determine whether it’s acceptable or not.
If you live in a law-enforcement eviction state, you’re done! These states include:
- Arizona (Ariz. Rev. Stat. § 33-1378)
- Texas (Tex. Prop. Code § 24B.001-24B.003)
- Utah (Utah Code § 76-6-206.4)
- Washington (Wash. Rev. Code § 9A.52.105)
You don’t have to do anything else to get the person removed from your property.
Delivering an Eviction Notice
Many states have laws requiring landlords to take the issue to court, such as:
- New York (N.Y. Real Prop. Law § 768)
- Indiana (Ind. Code § 32-30-2)
- Virginia (Va. Code § 8.01-124 et seq.)
- Nevada (Nev. Rev. Stat. § 40.251, 40.254)
- Massachusetts (Mass. Gen. Laws ch. 186, § 18)
- Tennessee (Tenn. Code § 66-7-109)
In these jurisdictions, the law typically requires you to deliver a written eviction notice to the person before filing the court case. For instance, Tennessee law requires property owners to give unauthorized individuals a 3-Day Notice to Quit (Tenn. Code § 66-7-109). A few states, including Indiana, don’t require you to provide any prior notice (Ind. Code § 32-30-2).
If your state requires you to provide a written eviction notice, it typically must include the following information:
- The reason for eviction
- The time frame to move out
- Any other statements your local law requires (“You have the right to contest this eviction in court.”)
You must properly deliver the Notice to Quit to the person you want to remove. If you don’t, the court may dismiss your case. Most jurisdictions allow the following delivery methods:
- Hand-deliver a copy of the notice to the unwanted occupant.
- Post a copy of the notice in a conspicuous place at the property.
- Leave a copy of the notice with a family member, another occupant, or a co-worker.
- Send a copy of the notice using Certified Mail.
Pro tip: Consult a local lawyer and check your state’s law for specific regulations in your area.
After you properly format and deliver the notice, you can file an eviction case with the court.
4. File an Eviction Action (If Required)
Depending on your state, there are a few different types of court cases to remove someone from your property, including:
- Forcible Entry and Detainer cases
- Eviction, Summary Possession, Unlawful Detainer, or Wrongful Detainer cases
- Writ of Possession Actions
- Trespass cases
Case Types
You need to file the correct case type, so speak with a lawyer for specific guidance. If you file the wrong one, the courts could dismiss your case, and you’d have to start the process over.
Here’s a quick recap of the different types of cases people use for evictions:
Forcible Entry and Detainer
The courts usually define these cases as someone entering the rental unit, either peacefully or forcefully, and then refusing to leave.
However, to count as “forcible,” the unwanted occupant must:
- Use force to remove the rightful occupant/owner from the property.
- Threaten to use force against the rightful occupant/owner to remain on the property.
These cases typically involve no landlord-tenant relationship.
Eviction, Summary Possession, Unlawful Detainer, or Wrongful Detainer Actions
Most people think of these cases when they hear the word “eviction.” Many states use the same process for removing unwanted occupants as they do for removing tenants on the lease.
Writ of Possession Actions
You can file these cases only if no landlord-tenant relationship exists and no domestic abuse case involves you and the other party.
Trespass
You can usually file trespassing cases only when no landlord-tenant relationship exists. Because this type of case is criminal in nature, the person you’re trying to remove could go to jail.
5. Submit the Court Documents (If Required)
Next, you’ll file paperwork with the court explaining why you want to remove the occupant from the rental unit. If your state requires you to provide an eviction notice, you must present this to the court. In most situations, you can also submit any evidence you compiled.
After you submit all the required documents, the court usually assigns you a case number. You can use this number to check in with the court on the status of the case or ask questions during the process.
Serve a Complaint and Summons on the Occupant
In some states, you must serve a copy of the eviction notice and a summons to the unwanted resident. The court usually sets a deadline for you to do this. If you fail to serve the other party, the court could dismiss your case.
6. Attend the Hearing (If Required)
If your state requires you to get a court order to remove an unwanted party, the person who filed the case must attend the hearing. If they don’t, the court could dismiss your case.
So if your landlord filed the court case, they must attend the hearing. In these situations, it’s still a good idea for you to show up so you can present additional evidence or act as a witness.
If the Court Rules in Your Favor
If you win the case, the unwanted occupant must vacate the property. In some states, including Nevada (Nev. Rev. Stat. § 40.253, 40.254), the person who filed the court case will receive an eviction order. After that, they can personally remove the unwanted party.
In other states, including New York (N.Y. Real Prop. Law § 749), local law enforcement officials receive the eviction order from the court. In these cases, they must remove the person and their belongings from the property.
If the Court Doesn’t Rule in Your Favor
If you lose the case, the unwanted occupant can stay. Depending on the court’s ruling, you or your landlord may be able to file a new case.
For example, if you didn’t adequately serve the party with the eviction notice or summons and complaint, you could file a new case and correct the issue.
7. Appeal the Ruling (If Required)
If you believe the court made an error, you or your landlord can file an appeal. Here’s how:
After the original court rules, you should file a notice of appeal as soon as possible. Some states have an appeal deadline, so check your local regulations to find out how much time you have.
Keep in mind: In most states, you can overturn the court’s ruling only if the lower court made a legal mistake in its judgment. Perhaps the court didn’t allow witnesses even though state law required it. However, you can’t overturn a judgment just because you’re not happy with its outcome.
Appeals can take a few weeks to a few months and may require additional filing fees.
Quick Recap: Evicting Someone Not on the Lease
Below is a summary of how to evict a roommate not on the lease:
- Determine their status
- Speak with your landlord (if you’re renting)
- Contact law enforcement or deliver an eviction notice (if required)
- File an eviction action (if required)
- Submit the court documents (if required)
- Attend the hearing (if required)
- Appeal the ruling (if required)
In the best of circumstances, you would never have to remove a friend, guest, roommate, or family member from your property. But if you do need to evict them, make sure you understand the legal requirements in your state.
We hope this article explained how to evict a roommate not on the lease. As with any legal matter, always consult a trusted lawyer for information specific to your situation.
Pro tip: If someone is coming to stay with you, consider using a rental room agreement. These documents can outline specific rules and responsibilities, and potentially help you avoid a complicated eviction process.
How to Evict a Roommate Not on The Lease FAQs
How to evict someone who isn’t on the lease?
Check your state law for specific steps. Some states only require you to call the police, while others mandate a court order.
Can you legally evict a roommate?
Yes, but check your state’s law or speak with a lawyer to determine the specific rules in your state.
Can I kick someone out of my house if there is no contract?
Yes, you can remove someone from your house if there’s no legal contract in place. Reference your local laws for specific instructions.
How to evict a roommate on a lease?
The legal process varies by state, so always consult a lawyer or check your state’s laws for specific instructions and advice.
