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Barrister, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My roommate is not on my lease. he owes me two months back

Customer Question

My roommate is not on my lease. he owes me two months back rent. what rights does he have? What steps do I take to evict and collect?
Submitted: 8 years ago via Nolo Press.
Category: Legal
Expert:  Barrister replied 8 years ago.



Since the roommate is not on the lease and has paid you, the court would likely look at him as your tenant. Since there is no written contract he would be viewed as a month to month tenant and you can evict with a 30 day notice. You can serve him with a notice to pay rent and if he doesn't pay, file an eviction notice. You would have to go to court, get a judgment for possession and damages, and if he didn't move voluntarily after the time period the court gave for him to move (usually 7-10 days after judgment) get a "writ of possession" that the sheriff would use to physically remove him. It would be up to you to collect your judgment by seizing any bank accounts he may have and getting an order to garnish any wages he might earn.


I hope this helps and thanks for the question.




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