How To Legally Evict A Roommate Who Doesn't Pay Rent?

A roommate's legal status hinges on the lease language, rent contributions, and possession rights. If the lease names the roommate, the person is a co‑tenant. When the lease omits the roommate but the individual regularly pays a portion of the rent and occupies the unit, many states treat that person as a tenant or sub‑tenant for eviction purposes, not merely a licensee. Purely social guests who receive no rent and have only permission to stay are classified as licensees.

Because statutes differ, confirming the classification with local law and, if needed, a lawyer prevents an unlawful eviction.

Examples illustrate the spectrum:

• Co‑tenant: Lease lists both parties; both share liability for rent.
• Sub‑tenant: Primary tenant signs a written sublease; sub‑tenant pays rent directly to the primary tenant.
• Tenant (unwritten agreement): Roommate pays rent monthly, receives a key, and lives there long‑term; many jurisdictions consider this a tenancy despite the lack of a written contract.
• Licensee: Friend crashes for a few weeks, receives no rent, and has no exclusive possession.

Identifying the correct label now determines which eviction notice format to use, a point clarified in the upcoming 'Know Your Local Eviction Laws' section.

Local eviction laws dictate the exact steps required to remove a non‑paying roommate. First, identify the city, county, and state that govern the rental unit, because each jurisdiction imposes its own notice periods and filing forms. Second, confirm whether the roommate is classified as a tenant, sub‑tenant, or merely a licensee; that label determines which statutes apply (as we covered above). Third, review the statutory notice length - often 3, 5, or 30 days - and any required content, such as breach of rent payment. Fourth, locate the official court‑ filing packet and fee schedule, typically available on the county clerk's website. Fifth, note any mandatory mediation or hardship exemptions that could stall the process. Finally, consult a local attorney or the government's state eviction laws overview before drafting the eviction notice you'll prepare in the next section.

• Determine the precise jurisdiction (city, county, state).
• Verify the roommate's legal status after confirming lease terms.
• Check statutory notice periods and required language.
• Obtain the correct court forms and fee amounts.
• Identify any local mediation or exemption rules.
• Seek professional legal advice to avoid procedural missteps.

A proper eviction notice tells the roommate what's overdue, gives the exact pay‑or‑quit window required by local law, and warns that the court will decide possession if the rent isn't paid.

1. **Confirm the roommate's status** - reference the 'determine your roommate's legal status' step; the notice must match whether the person is a tenant or a co‑tenant.
2. **State the statutory cure period** - look up the precise number of days your state or municipality mandates (often 5 days, 10 days, or 30 days for month‑to‑month leases). Local eviction‑notice requirements vary, so copy the exact figure, not a generic range.
3. **Label the document clearly** - use a heading such as 'NOTICE TO PAY RENT OR QUIT.' List the roommate's name, rental address, amount owed, and the deadline that matches the cure period. Do **not** assign a possession date; the law reserves that for a court order.
4. **Explain the next step** - write that failure to pay by the deadline will result in filing an eviction action and obtaining a judicial order for possession. (Because self‑help evictions are a legal nightmare.)
5. **Sign and date** - include the landlord's or co‑owner's signature, the date of issuance, and a note that the notice will be served according to the 'serve the notice legally' section that follows.

Serve the eviction notice using the method your jurisdiction specifically allows, otherwise the notice is invalid.

• Verify the legal delivery options - personal hand‑off, certified mail, or posting on the door - because the acceptable method varies by local law.
• Hand the notice to the roommate directly or leave it where they regularly receive mail; if they share a mailbox, treat each co‑tenant as a separate recipient.
• Record the delivery details: date, time, who received it, and any witnesses; a written log or photo proves compliance if a court asks.
• Ensure the notice contains all required elements - amount overdue, cure period, and the exact move‑out date - as previously outlined when drafting the notice.
• If the roommate claims non‑receipt, re‑serve using a secondary method documented in the same log before filing the eviction case.

File for eviction in court by submitting the completed eviction complaint and supporting documents to the county clerk's office.

The filing must follow the notice period required in your jurisdiction and include proof that the roommate received a legal eviction notice.

Steps to file

• Collect the signed eviction notice, rent ledger, and any communication about non‑payment.
• Download the eviction complaint form from the local court website or obtain it in person; forms vary by state.
• Fill out the complaint, listing the roommate's legal name, address, and the amount owed.
• Attach copies of the notice and payment records as exhibits.
• Pay the filing fee; many courts waive it for low‑income tenants, so ask the clerk.
• Request a summons to be issued; the clerk will seal the paperwork and assign a case number.
• Deliver the summons and complaint to the roommate following the service rules outlined earlier (see 'serve the notice legally').

After the clerk stamps the paperwork, the court schedules a hearing date. Preparation for that hearing is covered in the next section.

Bring every piece of paperwork that proves the roommate ignored the eviction notice for non‑payment of rent. Include the signed lease, bank statements, dated email reminders, and photos of the vacant room, each labeled and filed chronologically. Make a short written outline of the story, highlighting dates, amounts owed, and any refusal to pay. Print two copies for the judge and the opposing party, leaving the original untouched (because the judge loves duplicate paperwork).

Practice answering potential questions about the notice's delivery method, reminding that service followed local laws described earlier. Bring a neutral witness - perhaps a neighbor who saw the roommate receive the notice - ready to state the date and manner of service. Arrive early, dress conservatively, and address the bench respectfully, keeping answers concise and factual.

Anticipate claims of rent payment; have the exact dollar amounts and dates ready to refute any discrepancy. Knowing that procedures differ by jurisdiction, confirm the judge's preferred format for evidence, as discussed in the filing section, before the hearing. Preparing this way smooths the transition to the next step: handling any payment attempts that arise during the eviction process.

Stop paying roommate during eviction isn't a free pass; the moment rent lapses, log every missed payment, note the date you served the eviction notice, and keep copies of any communication. Those records become the backbone of any claim for back rent once the court issues a judgment.

Next, pursue the debt through the channels your jurisdiction permits - file a small‑claims suit for the owed balance, request a payment plan in the hearing, or ask the judge to attach wages if a judgment is granted. Some states allow landlords to deduct unpaid rent from the security deposit, while others let you collect through a lien on the roommate's property. Because rules differ widely, review the local statutes or the eviction guide from The Credit People and consult an attorney before taking enforcement steps.

Only a landlord can legally remove a roommate from the lease; a co‑tenant lacks the authority to issue an eviction on their own. The landlord must serve a formal eviction notice that complies with local statutes, just as we discussed in the 'draft a proper eviction notice' section.

Start by sending the landlord a concise written request that includes the lease excerpt, the roommate's missed payments, and any supporting documentation. Ask the landlord to issue the required notice and, if possible, to add the delinquent roommate as a named party on the filing. Offering to cover the owed rent may prompt the landlord to act faster (because landlords love cash).

From here, follow the 'when to loop in your landlord' guidance to keep the process on track and verify that any court filing matches jurisdictional rules. For state‑specific filing requirements, see Nolo's eviction process overview.

Loop in your landlord the moment the roommate's missed rent creates a lease breach or when the lease explicitly requires landlord approval for removing a co‑tenant, because the landlord ultimately controls tenancy rights and can enforce the lease terms. If the roommate's legal status is unclear, as we covered in the 'determine your roommate's legal status' section, verify whether they are listed as a tenant, sub‑tenant, or merely an authorized occupant; the landlord's involvement differs for each.

Notify the landlord in writing, cite the specific missed payments, attach a copy of the eviction notice you drafted, and request written confirmation of the next steps, since many jurisdictions mandate landlord participation before a court filing. Keep all correspondence to satisfy evidence requirements later in the 'file for eviction in court' phase and to avoid the pitfalls highlighted in the upcoming 'avoid these 7 eviction mistakes' section.

Avoid these seven eviction pitfalls to keep the process legal and painless.

• Mistake 1: Treating a roommate as a tenant without first confirming their legal status (see 'determine your roommate's legal status'). The wrong label can invalidate the notice.
• Mistake 2: Ignoring jurisdiction‑specific eviction timelines. Each city sets its own notice periods; missing them forces a restart.
• Mistake 3: Sending a casual text or email instead of a formally written eviction notice. Courts require a written document that meets local formatting rules.
• Mistake 4: Serving the notice to the wrong address or without a witness. Proper service often means personal delivery, certified mail, or posting per local statutes.
• Mistake 5: Skipping the court filing step and attempting 'self‑help' eviction. Only a judge can order a roommate out; any other method risks trespass charges.
• Mistake 6: Arriving at the hearing without organized evidence - lease copy, payment logs, and the original notice. Unpreparedness can lead to dismissal.
• Mistake 7: Forgetting to secure a written repayment agreement before the move. Without it, recovering unpaid rent becomes an uphill battle.

A short‑notice jurisdiction usually lets you hand a 5‑day 'pay‑or‑quit' notice, then file the eviction complaint; the court often schedules a hearing within 10‑14 days, and once a judgment is entered the sheriff typically carries out the lock‑out in the next one‑to‑two weeks (as we covered in 'draft a proper eviction notice').

A long‑notice jurisdiction may require a 14‑ to 30‑day notice, after which filing the complaint can add 2‑6 weeks before a hearing; the judgment‑execution phase often stretches another 2‑4 weeks, depending on the sheriff's calendar (see 'file for eviction in court' for filing steps).

The court‑issued eviction lets you chase the owed rent through a money judgment, wage‑garnishment, or lien, depending on local laws.

1. Collect proof - Assemble the lease, payment history, eviction notice, and the court order. These documents form the backbone of any claim (as we noted in the 'serve the notice legally' section).
2. Start a small‑claims action - Submit a complaint to the appropriate small‑claims or landlord‑tenant court, attaching copies of all evidence. See small‑claims court basics for filing guidelines.
3. Present at the hearing - Speak clearly, show payment ledgers and the eviction judgment, and request a sum that covers back rent, permitted late fees, and court costs.
4. Enforce the judgment - After the judge signs the order, pursue wage‑garnishment, bank‑account levy, or a property lien, whichever the jurisdiction permits.
5. Escalate if needed - Unpaid judgments may be turned over to a collection agency or trigger a contempt motion for ignoring the court's order.