Can a Tenant Evict Another Tenant?

Use these links to jump to different sections:

• Can You Remove Someone from a Lease?
• What if the Tenant Refuses to Leave?
• Can You Evict a Roommate on the Lease?
• Can You Evict a Roommate Who Is Not on the Lease?
• Can You Evict a Roommate on a Month-to-Month Tenancy?
• What Are Alternatives to Evicting a Roommate?
• Practical Steps in the Eviction Process
• Find Experienced Legal Help

When you sign a lease, you embark on a new phase of life full of positivity and hope. Unfortunately, unexpected events can lead you to become unhappy with your current tenancy and want to evict the other tenant. However, you can’t kick the other person out and change the locks without notice. Tenant rights provide rental occupants with protections that create housing security. Understanding eviction law and tenant rights will help you understand how to change your rental living situation.

Can You Remove Someone from a Lease?

Yes, tenants can work with the landlord to remove someone from the lease. However, a tenant cannot unilaterally remove someone from the lease without including the landlord in the process. The lease is a written agreement that is also a contract. The landlord is a party to the rental agreement, so they must agree to change the contract.

If a tenant wants to remove someone from the lease, the first step is to review the lease agreement. There may be terms in the lease that outline the process for removing a signed tenant. The next step is to communicate with the landlord. Notify them that you want to remove someone from the lease. Sometimes, a landlord wants the remaining tenant to meet the landlord’s requirements on their own, such as income requirements. The landlord wants to ensure the remaining tenants can afford the lease on their own.

If the remaining tenant plans to bring in a replacement tenant, the landlord may require the new tenant to agree to background checks and pay a security deposit. Once the landlord approves, the parties may sign an addendum or an entirely new lease agreement.

What if the Tenant Refuses to Leave?

Sometimes, removing a tenant from a lease isn’t a voluntary thing. If the tenant refuses to leave the rental unit, renters may consider negotiation or initiating legal eviction through the landlord. By the landlord and tenant evicting the problematic co-tenant, they are effectively removed from the lease through judicial termination.

Can You Evict a Roommate on the Lease?

Sometimes, a tenant may choose to sublease their rental to another tenant. In this situation, the first tenant signs a rental agreement with the landlord and property owner. Then, the master tenant signs an additional lease agreement with another subtenant, acting as a middleman between the tenant and the landlord. In this situation, the tenant has a legal agreement with their subletting tenant. They can evict a tenant because they have a written lease agreement. Common reasons for sublease eviction are lease violations or nonpayment of rent.

For the tenant to initiate an eviction, they would need to begin by notifying the tenant in writing through certified mail. If the sublease tenant refuses to leave, they would need to file a formal eviction complaint with the court. You can typically do this after giving them a number of days to vacate the property. It can also be smart to notify the landlord of the situation in case the situation escalates.

Because this type of situation can become complicated, tenants may find it helpful to consult with an attorney. A lawyer will explain their legal rights and options. They can explain the applicable state laws and how they could impact the tenant’s ability to remove the other tenant.

Can You Evict a Roommate Who Is Not on the Lease?

A tenant will have to request the landlord and property owner evict a roommate who is not on the lease. Because the tenant does not own the property, they have no legal authority to remove someone from the property. The landlord will act on their behalf by sending a written notice to the occupant to vacate the property. If the occupant refuses to leave, the landlord will initiate formal eviction proceedings in the rental property’s jurisdiction. Once the landlord has a court order, they can work with local law enforcement to remove the tenant.

Can You Evict a Roommate on a Month-to-Month Tenancy?

A month-to-month lease term lasts one month and automatically renews each month for the next one. These lease types have different rules than those that last several months. You can evict a roommate who is on a month-to-month lease. Typically, the process is much faster, requiring 30 days’ notice. Eviction notices must be in writing and contain the reason for the eviction and a deadline for the roommate to vacate the rental. Because these leases have different rules, speaking with a lawyer before taking action is smart. That way, you do not violate the roommate’s rights and potentially face a wrongful eviction lawsuit.

What Are Alternatives to Evicting a Roommate?

Eviction isn’t the only option for tenants who are unhappy with their current roommate situation. Several alternatives are available to resolve co-tenant issues. A tenant would need to weight he pros and cons of jumping straight to eviction versus pursuing alternative dispute resolution methods. Consulting with an attorney can provide valuable legal advice about the available legal options and their consequences. Tenants should consider several factors before making their decision.

• Cost
• Timeline
• Co-tenant relationship
• Where do they want to continue living

If a tenant decides to wait for eviction, they could ask the landlord for a lease agreement modification that addresses the issue. They could employ mediation services to help broker a solution that is agreeable to all parties. Perhaps they could adjust the living arrangements to accommodate tenants better.

If the parties cannot come to an agreement, they could negotiate for a voluntary move-out of one party. This could be a temporary adjustment or a permanent one. If one tenant permanently moves out, they should request a lease termination or transfer. That way, the tenant leaving does not continue to have responsibility for a rental unit in which they no longer live. A tenant could offer to help find a replacement roommate or find a suitable place for the leaving tenant to live in.

Richard L. Spencer, a real estate attorney at Ferguson Braswell Fraser Kubasta PC in Houston, Texas, highlights the importance of being an active participant in your legal representation. “People are often reticent to engage with their attorneys. However, the best results I get are through engaging in a team effort to reach the goal.”

Practical Steps in the Eviction Process

An eviction case begins by reviewing the lease and applicable laws. Talking with a lawyer for legal advice is also a smart decision. Learning the law in advance prevents you from making a mistake that can impact your ability to evict the problematic tenant. For example, you cannot “self-help” by evicting the tenant through changing the locks. You also have to give a 30-day notice. Giving a notice that is too short or through the wrong delivery method will create additional legal issues.

The type of proper notice you send will depend on the reason for eviction. Wait for the period to act to expire before taking the next step of filing in court. Attend the court hearing and argue your case before a judge. The judge will make a ruling in one party’s favor. If they rule in your favor, you have the eviction order, and you need to remove the tenant. Always follow eviction law when enforcing the eviction order, or you could face additional legal liability. Typically, landlords are required to coordinate with law enforcement to remove the tenant.

Find Experienced Legal Help

If you’re no longer happy with your current roommate and want to evict them or explore other options, start by speaking with a lawyer. With their knowledge of landlord-tenant law, they can answer your legal questions. Spencer explains that a real estate lawyer can help in a wide range of legal matters. “If it is a [dirt lot] or the buildings on it, whatever that is—farms, ranches, apartments, warehouses, commercial buildings, single-family residences—all of the above [a real estate attorney can help with].” 

Visit the Super Lawyers directory to begin your search for an experienced landlord-tenant law attorney.