Living in a mobile home park. A playbook for tenants. Can I insist on being able to work remotely? Is the vaccine passport a form of discrimination?
How can I access the vaccine passport? What's the difference between a temporary layoff and being terminated? Can my work tell me I have to take off my face mask and gloves when I am handling files?
If I get a huge cut in hours, am I allowed to ask my employer to lay me off? How would severance pay work if my temporary layoff due to shortage of work becomes a permanent lay off? As a temporary worker, can I qualify for the pandemic relief benefits for workers?
As an on-call worker who doesn't qualify for EI, what supports can I get? Can my employer force me to take my paid sick leave during the coronavirus pandemic? While coronavirus is ongoing, can I request special accommodations from my work? Can my employer change the nature of my work during the coronavirus pandemic? Can I invite my friends over to my place right now? None of us are sick. Can my employer avoid paying me my wages due to the coronavirus pandemic? If my job can be done from home, can I expect my employer to give me the option to work from home?
What rights do I have when my employer stopped me from working from home when I was self-isolating after recovering from illness? The unit below my rental apartment suffered water damage, apparently caused by my bathtub.
Read more. In Virginia, no lease, no rent payments, and no move-out deadline makes the person a tenant-at-sufferance , and they can be kicked off the property without going to court or involving law enforcement. In most states, removing a subtenant follows the same eviction process as removing a tenant would. Check the specific laws in your state to determine what you need to do in order to have someone removed in this situation. In many states, the same steps also apply to squatters.
If the landlord agrees, they can file an eviction action against your roommate. In other states, even if the landlord was aware that others were staying with you, they may still have to be the one to file the eviction action with the court.
Depending on the state you live in, you may need to go through the courts to remove an unwanted occupant from the property. Other states allow you to go directly to law enforcement to have the person removed from the property without opening a court case. Officers will remove the person from the property for you. You might be able to file to evict the other roommate for just cause in this situation.
The process would be largely identical to the process a landlord must follow to evict a tenant. State laws for this process can vary somewhat. Check with an attorney or legal aid to confirm the rules that apply in your state. Unfortunately, you have no right to file to evict the master tenant if you're the subtenant.
Your only options are to move out of the rental after giving the legal notice stated in your agreement. You might also contact your landlord and explain the situation. It's possible that the landlord might file to evict the master tenant and agree to rent to you after the master tenant has been evicted. Your roommate must have violated a clause in the lease agreement or the separate roommate agreement you signed.
In legal terms, this is "good cause. They include:. You must serve your roommate with a formal notice to quit if they don't agree to move out voluntarily. This notice must include:. You must deliver the notice to your roommate according to your state's law. You might have to deliver it personally, send it via certified mail , or you might be able post it on the door to the apartment.
Again, check with a local professional or legal aid office to be sure. You'll have to file a formal eviction with the court if your roommate refuses to leave or fix the violation within the allowed time frame stated in your notice to quit. The court will set a date for an eviction hearing and will serve your roommate with formal notice of that date.
Depending on the terms of your lease or rental agreement, you might be solely responsible for terminating the subtenancy.
If the subtenant doesn't leave voluntarily, you might also have to file an eviction lawsuit on your own. Evicting a subtenant can be especially difficult when you don't have a written subtenancy agreement covering issues such as termination and eviction rules and procedures.
It can be especially complex if the property is rent-controlled and requires "just cause" a good reason to evict. In any case, eviction lawsuits can be an expensive and time-consuming process. Depending on your relationship, you might consider enlisting your landlord's help in removing the unwanted roommate—especially when the landlord approved a subtenancy or was aware of the roommate.
However, if you brought in an occupant in violation of a clause in your lease or rental agreement such as a no-long-term-guests clause or a no-subletting clause , your landlord might simply terminate your tenancy to be rid of the problem. Even if your landlord would like to help you remove your roommate, your landlord might ultimately decide there's no viable solution other than to evict all people living in the rental and start fresh with a new tenant.
Due to the complexity of getting rid of an unauthorized occupant in your rental, consider consulting with a local landlord-tenant attorney before taking any action. As discussed above, state, local, and rent control laws vary greatly, and often just one misstep under the law can set you back to square one in the process of removing a roommate.
If your roommate is abusing you or you are concerned that your roommate is going to harm you, contact the police for information on temporary restraining orders and communicate your fears to your landlord. Some laws give special protections to tenants who are victims of domestic violence.
When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help. Some victims, for instance, might use the same computer or device as the abuser or might have a phone plan that allows the abuser to see the calls they make and receive.
Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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