Having your tenant bring in a roommate is not unheard of. Some people will prefer living with someone they know. Sometimes the purpose is to have someone around while they adjust to independent living. Some are trying to be practical, and sharing the rental payment can help them save money.
If you post a property listing at Padleads for two-bedroom units, it will likely attract renters who are looking to be roommates.
Some examples of co-tenants are friends who recently graduated and want to share a unit as they enter the new world of adulthood. Another example is couples wanting to live together. There are also instances wherein your tenant takes on a subtenant. But what happens if one of them wants to get rid of their roommate?
Usually, the landlord decides if there are grounds for eviction, but the tenants can also file for their roommate to be evicted. This will depend on the tenancy status of the complainant based on the lease agreement.
• Co-tenants
Co-tenants, meaning both their names are in the lease agreement, are both responsible for paying the rent, taking care of the property, and following the rules provided by the landlord. With this setup, a tenant will not be allowed to file an eviction case against their co-tenant. The landlord is the only one that can evict any one of them.
If the eviction pushes through, both their names will appear in the eviction records. However, the tenant can ask for your agreement that their name will not be included if they have not done anything to breach the contract.
• The complainant is the main tenant
If you allow your tenants, they can sublet a spare room in their unit. Subletting will depend on the landlord’s approval. Some do not like the idea of having a renter who they do not know and have not properly screened.
If the main tenant wants to evict their subtenant, they have to go through the same process of eviction done by the landlords. They should be aware of the state laws regarding eviction and should have a valid reason to evict their subtenant.
• The master tenant is the one being complained about
There may come a time when a subtenant would want to have the main tenant evicted. Unfortunately, they are not allowed to file for the eviction. Their option would be to move out of the property.
They do have an option to complain to the landlord and have them file the eviction. They might also want to fill in the vacancy after the main tenant leaves.
Eviction With Good Reason
A roommate would have to commit a major error for them to be evicted. Here are some of the things that could lead to an eviction:
- They have failed to pay the utility bills and rent.
- They pose a threat to other tenants or neighbors.
- They have been doing illegal activities inside the property.
- They have caused major damages to the property.
Notice To Quit
The complainant should give the formal notice to quit to the concerned roommate. The notice should include:
- The roommate’s full name and complete address.
- The violations that were made by the roommate.
- The time frame the roommate has to move out as determined by the state laws.
- A statement that says a formal eviction complaint will be filed unless the roommate corrects their mistake, a.k.a. Notice to Cure
- The date and complainant’s signature.
If the roommate refuses to correct their mistakes or move out, the complainant can file a formal notice to evict. A date for the hearing will be set by the court and they will give the notice to the roommate.
The complainant should gather enough evidence to be presented. For example, the roommate has failed to pay the rent and utility bills for several months. The tenant can show copies of receipts to prove that he paid for the roommate’s share.
Both parties should be present during the date set by the court. The landlord might also have to appear in court if needed.
Once the judgment has been given, the roommate will be given a specific number of days before they have to move out.
When things like these happen, a landlord will have to get involved. Be sure to get both sides of the story and assess the situation thoroughly. You don’t want to be stuck with the bad tenant, would you?