Can A Landlord Evict One Tenant And Not The Other Legally?

Joint tenancy creates a single legal relationship among all co‑tenants, giving each an equal right to occupy the unit. The agreement binds every co‑tenant to the full rent amount, utilities, and any breach, a principle known as joint and several liability (joint tenancy vs tenancy in common explained). State statutes and the specific lease language determine whether a landlord may pursue one co‑tenant alone or must dismiss the entire tenancy.

Imagine two college students signing a joint lease; when one stops paying, the landlord can serve a notice to both, and a court may order eviction of the whole household (unless the lease contains a selective‑eviction clause). In a tenancy in common, each occupant holds an independent share, so a landlord could potentially evict only the delinquent party while the other remains. A co‑tenant who damages the property may trigger an eviction that targets just that individual, provided the lease separates liability for repairs. The next section explores how lease wording distinguishes joint tenancy from tenancy‑in‑common.

Joint tenancy and separate leases treat eviction opposite ways. In a joint tenancy, all co‑tenants sign one agreement, creating joint and several liability; the landlord's claim binds each occupant equally, and most states require the entire lease to be terminated to evict any single co‑tenant (as we covered above). Some jurisdictions permit 'selective eviction' only if the lease expressly permits it or if a court orders a partition of rights.

Separate leases assign each tenant an individual contract, so liability rests solely with the named party. The landlord may pursue eviction against one tenant while the other's tenancy remains untouched, provided the lease does not contain a joint‑occupancy clause. This structure often shields the uninvolved co‑tenant from rent arrears or damage claims tied to the evicted roommate.

Both state statutes and local court rules dictate whether a landlord may evict a single co‑tenant, so verify the exact requirements in your jurisdiction before proceeding.

1. Identify the tenancy type.

   Determine whether the lease creates a joint tenancy, tenancy in common, or another arrangement, because joint and several liability affects who can be served, as we covered above.

2. Locate the governing statutes.

   Search the state's landlord‑tenant code or civil procedure statutes for 'eviction of co‑tenant,' noting any language that permits or forbids selective removal.

3. Review local court forms and deadlines.

   Download the proper summons, complaint, and notice templates from the county clerk's website; note filing periods and required service methods unique to your area.

4. Confirm tenant‑protection ordinances.

   Check municipal rent‑control rules, 'just cause' eviction limits, and any emergency moratoria that could block an eviction of only one co‑tenant.

Landlords can pursue eviction against a single co‑tenant when the lease or applicable law pinpoints that tenant's specific breach.

• Lease clauses that designate individual liability for pets, smoking or subletting let a landlord target the offending co‑tenant while leaving the other untouched.
• State statutes that recognize non‑financial violations - such as illegal drug activity or repeated noise complaints - grant the right to evict only the responsible party.
• Court‑approved orders requiring one co‑tenant to vacate (e.g., restraining‑order driven removals) create a legal basis for selective eviction.
• Proven property damage caused solely by one occupant, documented with repair estimates, may trigger eviction of that person alone.
• Violation of a 'no‑guests' policy that is expressly assigned to a particular co‑tenant, and not to the household as a whole, satisfies the selective‑eviction threshold.

Document every dispute promptly, noting dates, parties, and impact. Written records protect a joint tenancy and demonstrate the joint and several liability each co‑tenant shares under most leases. Clear, written communication with the roommate helps isolate the issue before it escalates, and it provides evidence if the landlord later intervenes (as discussed in the eviction‑law overview above).

Notify the landlord in writing, request mediation, and consider a professional dispute‑resolution service such as real‑estate mediation resources. If mediation fails, small‑claims court can address damages while preserving the tenancy, but consulting an attorney ensures actions align with state‑specific statutes and the tenancy in common framework that may apply. This approach sets the stage for later sections on handling unpaid rent or property damage by a single co‑tenant.

A landlord cannot simply evict the co‑tenant who skips rent while leaving the roommate untouched unless the lease explicitly permits a 'partial' eviction; under a typical joint‑tenant lease the landlord must terminate the whole tenancy or pursue the delinquent party for the full amount owed (as we covered above).

• Notify both co‑tenants of the arrears, cite the joint‑and‑several liability clause, and set a firm deadline for payment.
• If the lease includes a provision for single‑tenant removal, serve the required notice to the non‑paying co‑tenant only; otherwise prepare to end the entire lease.
• Consider filing a small‑claims suit against the delinquent co‑tenant for their share of the rent; the court may order repayment without affecting the other occupant's tenancy.
• Explore a payment‑plan agreement with the delinquent co‑tenant, documenting any modification in writing to avoid future disputes.
• Review state‑specific eviction statutes - some jurisdictions allow 'partial' actions only under very limited circumstances, so local law may dictate the viable path.

Joint and several liability explained

The short answer: unless the lease creates distinct tenancy interests, a landlord must terminate the whole joint tenancy to evict the damaging co‑tenant (as we noted in the 'joint tenancy basics' section).

1. Review the lease language. Identify whether the agreement names each occupant separately, grants exclusive rights to any party, or treats all occupants as a single tenant. Only a lease that expressly separates interests permits a partial termination.
2. Document the damage. Photograph the affected area, gather repair estimates, and keep any communications that link the damage to the specific co‑tenant. Strong evidence strengthens a 'pay‑or‑quit' demand and any later lawsuit.
3. Serve a notice for breach. If the lease is a joint tenancy, issue a notice to all occupants stating that the entire tenancy is terminated because the lease was violated. If the lease does allow separate interests, direct the notice solely to the responsible co‑tenant, citing the specific clause.
4. Consider a separate damages action. Even when the whole lease ends, the landlord may sue the damaging co‑tenant for repair costs under joint‑and‑several liability. This keeps the landlord from absorbing the loss while the other tenant remains protected.
5. Check state‑specific eviction rules. Some jurisdictions require a 'pay‑or‑quit' notice for property damage, others permit a 'cure‑or‑quit' demand. Align the notice period with local statutes to avoid procedural dismissals.
6. File the eviction suit. Include the lease breach and any unpaid damage fees in the complaint. If the lease permits partial eviction, request relief only against the offending co‑tenant; otherwise, the court will order possession of the entire unit.
7. Notify the non‑responsible co‑tenant. Explain that the eviction proceeds against the whole tenancy (or only the damaging party if allowed) and advise them of their rights to recover any prepaid rent or security deposit.

Proceed to the next step - protecting the rights of the remaining tenant - once the eviction process is underway.

The other co‑tenant can safeguard their tenancy by first confirming the lease's joint‑tenant language and any clauses about selective eviction.

• Request the landlord's written notice of the targeted eviction; a proper notice triggers specific legal timelines in most states.
• Document every interaction - emails, texts, repair requests - because joint and several liability means both parties share responsibility for rent and damages.
• Verify whether the lease designates a 'joint tenancy' or 'tenancy in common'; the former typically obliges the landlord to treat both occupants as a single unit, while the latter may allow separate actions.
• Consult a local attorney or tenant‑rights organization to assess whether the eviction complies with state statutes and to explore defenses such as cure rights or improper notice.
• If the eviction proceeds, consider filing a counter‑claim for breach of lease or unlawful discrimination, especially if the trigger (e.g., unpaid rent) stems solely from the other co‑tenant's actions.

Because the outcome hinges on state law and the specific lease, acting promptly and preserving evidence offers the strongest shield against an unfair selective eviction.

Selective eviction isn't cheap; filing fees, attorney bills, and potential court‑ordered damages can quickly outpace any rent you'd recoup from the offending co‑tenant. Courts often award back‑pay to the displaced party, and the landlord may still owe utilities or relocation costs, especially in a joint tenancy where both tenants share liability. Moreover, a failed eviction can trigger retaliatory claims, forcing the landlord to cover additional legal expenses. (See Nolo's breakdown of eviction expenses for typical ranges.)

Balancing those outlays against the benefit of removing one occupant requires a hard look at alternatives - amending the lease, negotiating a buy‑out, or simply tolerating the breach until the lease expires. If the projected cost exceeds the rent loss, pursuing a selective eviction may be financially imprudent, steering the landlord toward mitigation strategies instead of courtroom battles. This line of thinking naturally leads into tactics for preventing unwanted co‑tenant evictions later in the guide.

Locking down lease terms and open communication stops unwanted co‑tenant evictions before they start.

Take these steps:

• Write a lease that names each co‑tenant, outlines joint and several liability, and defines notice requirements;
• Attach an addendum that details payment split, utility responsibilities, and how to handle breaches;
• Keep separate payment logs and damage inventories for each tenant to avoid blanket accusations.

If disputes erupt, the documented split lets the other co‑tenant protest a selective eviction, a point revisited in the breakup‑eviction section.

Both parties remain jointly and severally liable for rent until the lease ends, so a breakup doesn't automatically free either co‑tenant from the landlord's eviction rights. If the landlord can prove a breach - non‑payment, damage, or violation of lease terms - they may serve a notice that applies to all signatories, but the notice must follow state‑specific procedures.

Review the lease to see whether it allows the landlord to pursue one co‑tenant individually. Verify that any required notice (often a 30‑day notice) was properly delivered; tenants can't enforce the landlord's duty themselves but can confirm service and consult an attorney. If the departing partner wishes to vacate, the remaining co‑tenant may request an amendment that places sole responsibility on them, effectively assuming the lease under a new or revised agreement.

Protect personal credit by asking the landlord to release the exiting co‑tenant from joint liability in writing. Should the landlord refuse, the remaining tenant should prepare to defend against a selective eviction by gathering proof of timely payments and compliance. For state‑specific requirements, see this eviction basics guide.

Once a co‑tenant vacates, the lease persists between the landlord and the remaining joint tenant, who retains joint and several liability for the full rent until the agreement is amended or a new co‑tenant signs; the landlord may accept a written release of the departing party, may permit a sublease or assignment that satisfies lease termination guidelines, or may insist on a replacement roommate as a condition for keeping the lease active;

if the landlord refuses any modification, the standing tenant can negotiate a rent‑share reduction or seek a court order to adjust liability, while any security‑deposit claim must reflect the actual occupants at move‑out; as we covered above, the specific remedies depend on state statutes and the original lease language, and the next step will explore how to prevent unwanted co‑tenant evictions altogether.