Posted in Blog  
  on Feb 02, 2015

Can A Tenant Evict Another Tenant

A growing number of Americans are living in apartments or are renting. This is a gradual shift away from home ownership. As a result of renting and living closer to others, more and more people want to know about their rights as tenants. If you are renting a space with another tenant, then you may want to know what rights you have as a renter. In particular, if your tenant is not working out for you, you may be interested in whether or not you can evict them legally through the law. Lets review what options are open to you.

Can A Tenant Evict Another Tenant?

The short answer is, its complicated. There are a number of things you have to deal with. First, the laws surrounding tenants and landlords will change depending on where you are. In addition, whether or not you can evict another tenant will depend on the nature of your agreement with the landlord. If for example you are sub-renting from the tenant you want to evict, then there is relatively little chance that you will be able to evict them under the law. Lets review a few situations to give you a better answer.

What if the Tenant is on the Lease?

If the tenant you want to evict is a co-tenant and has signed the lease, then only the landlord can evict him/her. This means that you will have to reach out to the landlord directly to make your case. This is a challenging road to go down given that the landlord in question will have to make a case for evicting the tenant and can even go to court over the issue.

What is the Tenant is Sub-Leasing From Me?

If the tenant is subleasing from you, then you have the ability to evict the other tenant. You are considered the senior tenant, and you can give the violating tenant a notice to leave. This is often a period of time that the tenant has before he/she has to leave. If the tenant does not go by the time the expiration is over, then you can bring the tenant to small claims court or landlord tenant court. Try to seek a writ of restitution. File for this if you are not seeking money from the tenant. If you are seeking money from the tenant, then get an unlawful detainer judgment.


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