My roommate is not on the lease of course i have asked him to leave. do i have any legal recourse

Question

My roommate is not on the lease of course i have asked him to leave. do i have any legal recourse

Answer 1

He is not a trespasser as you allowed him to move in.

Your landlord can evict you for this.

In Arizona I would serve YOU a ten day notice to correct or take you to court.

You have breached your lease.

If they are not paying you rent, serve a pay or quit under your State laws.

If they are making you feel in danger get a TPO.

The TPO would remove them from the property.

Slower way, serve a notice of termination of the tenancy which should be under most State laws, a 30 day notice.

The other poster is right that since I hope you two have no written agreement, it is month to month.

Much easier to follow the terms of your lease.

Answer 2

you can't sublet or add more tenants without the owner/landlords approval.  if the landlord was aware of him living there and didn't tell you to evict him he still can be asked to leave by you.  if there was no formal agreement drawn up when he moved in that says how much he should pay, if there is a notice period or ending date then no notice needs to be given legally, and he must vacate within 24 hours.

You are the leagal tenant and can charge him with trespassing.  The police will remove him and his belongings. if that is done you must get any keys etc from him

if he is not on the lease and you are then you can ask him to leave, if he won't you can call the police and get him removed.

you can change the locks with your landlords permission but make sure none of his belongings are inside.

you have legal tenancy alone not him... if you and he signed an agreement it isn't valid unless the landlord approved it.  you can't physically remove him if you did he could charge you with assault but you can call the police and they will remove him and warn him that he has no right to stay there.  if he harasses you you can get a restraining order.

the only people who are legally allowed to live there are those listed on the lease and approved by the owner.

Answer 3

Yes, he has a month-to-month lease with you.  The fact that there's nothing in writing is irrelevant.

Serve him with a notice of termination of the tenancy, give him a month's notice and then go through the eviction process if he doesn't leave.

Answer 4

Well if this person is not paying rent you are allowed to evict them legally.  Immediately if they've never recieved mail at the residence and usually 30 days if they are.

Answer 5

Enlist the support of your landlord.  Explain the problem and that you have lost control over a temporary case.  He is a trespasser.  You and the landlord could sign a criminal complaint to bring the police into your problem.  Have him arrested and his belongings taken with him.