How to Evict Someone Who Lives With You
Reviewed by a licensed attorney · Last updated 2026 · Statute data sourced from Nolo and state legislative databases
Evicting someone who shares your home — a roommate, family member, or informal tenant — is legally possible in every state, but the process depends on their status. Most situations require a written notice, a waiting period, and a court filing if the person refuses to leave. You cannot change the locks, remove their belongings, or cut off utilities to force someone out. Here is the complete legal process.
Who Are You Evicting? Start Here
Your first step is determining your occupant’s legal status — it controls everything about what you can do and how fast.
| Your Situation | Their Legal Status | What You Need to Do |
|---|---|---|
| Roommate on the lease | Co-tenant | Landlord must file; full court process |
| Roommate you sublet to | Subtenant | Written notice + court if they refuse |
| Person living 30+ days (no lease) | Tenant-at-will | Written notice + court |
| Guest under 30 days | Licensee | Ask to leave; police if refused |
| Family member paying rent | Tenant | Full eviction process applies |
Evicting a Roommate Who Is on the Lease
If your roommate signed the same lease as you, they are a co-tenant with equal legal rights to the unit. You cannot evict a co-tenant on your own — only your landlord can initiate an eviction, and only against you both or against the occupant directly.
Your options in this situation:
- Document every violation — unpaid rent shares, noise complaints, lease breaches — in writing.
- Contact your landlord directly. Provide documentation and request that they issue a notice or file for eviction against the co-tenant.
- If the landlord refuses to act, you may need to consult an attorney about breaking your lease without penalty, or pursue mediation.
⚠️ Important: You cannot serve an eviction notice on a co-tenant yourself. Any notice you serve has no legal force. Only the landlord or property owner can initiate formal eviction proceedings.
Evicting a Roommate Who Is NOT on the Lease
If you are the primary leaseholder (your name is on the lease, theirs is not), you have more options — but their rights still depend on how long they have lived there.
Under 30 Days — Guest Status
A person who has lived in your home for fewer than 30 days and has not paid rent is typically classified as a licensee or guest. You can ask them to leave verbally. If they refuse, local police may remove them as trespassers without a court order — though enforcement varies by city. Some jurisdictions require at least a written notice before police will intervene.
30 Days or More — Tenant-at-Will
Living somewhere for 30 or more days — especially if the person has paid any rent, received mail there, or stored belongings — typically creates a month-to-month tenancy in most states, even without a written lease. At that point, you must follow the full eviction process: written notice, a waiting period, and a court filing if they do not leave.
California sets the threshold at 30 days’ notice for occupants who have lived there less than one year; 60 days’ notice for those who have lived there more than one year.
Can You Evict Someone Without a Lease?
Yes. A written lease is not required for a legal eviction. If a person has lived in your home for 30 or more days, most states treat them as a month-to-month tenant regardless of whether any paperwork exists.
The eviction process without a lease follows the same steps as a formal tenancy: serve written notice, wait the required period for your state, file an unlawful detainer lawsuit if they do not leave. The notice type is typically an “Unconditional Quit” or “Notice to Vacate” that gives the person a set number of days to leave.
What you cannot assume without a lease: that police will remove the person on your request alone. If the individual has established any indicia of residency — receiving mail, keeping belongings, paying any amount regularly — police will typically treat it as a civil matter and refer you to the courts.
Before serving notice, document: the date the person moved in, any payment history (even Venmo or Cash App records), and any communications about their stay.
The Eviction Process: Step by Step
Step 1: Serve a Written Eviction Notice
Every eviction begins with formal written notice. The type depends on the reason for eviction:
- Pay or Quit: Tenant has X days to pay overdue rent in full or vacate. The number of days depends on your state (see table below).
- Cure or Quit: Tenant has X days to fix a specific lease violation — an unauthorized pet, excessive noise, unapproved subletting — or vacate.
- Unconditional Quit: Tenant must leave with no option to cure. Reserved for serious violations: illegal activity on the premises, repeated violations after prior notices, or significant intentional property damage.
Serve notice in person with a witness, or by certified mail with return receipt. Keep every record of service. Defective service is the most common reason eviction cases are dismissed.
📋 Download a state-specific eviction notice → uslegalforms.com/forms/landlord-tenant
Step 2: Wait for the Notice Period
The tenant has the right to respond during the notice period — by paying rent owed, correcting the violation, or vacating. If they comply, the eviction stops. If they do nothing and stay, you can proceed to court after the period expires. Notice periods by state are in the table below.
Step 3: File an Unlawful Detainer Lawsuit
If the tenant does not comply or leave by the deadline, file an unlawful detainer (eviction) lawsuit in your local court. Filing fees range from $50 to $400 depending on jurisdiction. You will need:
- Copy of the lease or rental agreement (if one exists)
- Proof of notice served — certified mail receipt or signed affidavit of personal service
- Payment records showing amounts owed
- Documentation of violations: photos, written complaints, communications
Step 4: Court Hearing
A judge reviews both sides at a bench hearing (no jury). If the tenant does not appear, you typically receive a default judgment. Common tenant defenses include: retaliation (you filed after they reported a habitability issue), improper notice service, or payment they can prove.
If you lose, you cannot refile for the same issue without resolving the underlying problem. If you win, the court issues a Writ of Possession.
Step 5: Enforce the Judgment
A sheriff or marshal delivers the Writ of Possession to the tenant, who typically has 24–72 hours to vacate. If they do not leave voluntarily, law enforcement removes them and their belongings from the property.
Eviction Notice Periods by State — Non-Payment of Rent
Statute data sourced from Nolo’s state landlord-tenant law database and state legislative codes. Verify current law before serving notice — several states amended eviction statutes in 2024–2025.
| State | Notice Period (Non-Payment) | Statute |
|---|---|---|
| Alabama | 7 business days | Ala. Code § 35-9A-421 |
| Alaska | 7 days | Alaska Stat. § 34.03.220 |
| Arizona | 5 days | Ariz. Rev. Stat. § 33-1368 |
| Arkansas | 3 days (civil) / 10 days (criminal) | Ark. Code § 18-16-701 |
| California | 3 days (excl. weekends/holidays) | Cal. Civ. Proc. Code § 1161(2) |
| Colorado | 10 days | Colo. Rev. Stat. § 13-40-104 |
| Connecticut | 3-day notice to quit, served after the 9-day grace period | Conn. Gen. Stat. §§ 47a-15a, 47a-23 |
| Delaware | 5 days | Del. Code tit. 25, § 5502 |
| D.C. | Written notice of intent to file at least 10 days before filing, only if $600 or more is owed; the statutory notice gives the tenant 30 days to pay in full | D.C. Code § 42-3505.01 |
| Florida | 3 days (excl. weekends/holidays) | Fla. Stat. § 83.56(3) |
| Georgia | 3 business days to pay or vacate before filing (since July 2024); 7 days to answer after service | Ga. Code § 44-7-50 |
| Hawaii | 10 calendar days (since 2025) | Haw. Rev. Stat. § 521-68 |
| Idaho | 3 days | Idaho Code § 6-303(2) |
| Illinois | 5 days | 735 ILCS § 5/9-209 |
| Indiana | 10 days | Ind. Code § 32-31-1-6 |
| Iowa | 3 days | Iowa Code § 562A.27(2) |
| Kansas | 3 days | Kan. Stat. § 58-2564(b) |
| Kentucky | 7 days | Ky. Rev. Stat. § 383.660(2) |
| Louisiana | 5 days to vacate, no right to cure (unless the lease waives notice) | La. Civ. Proc. Code art. 4701 |
| Maine | 7 days | Me. Rev. Stat. tit. 14, § 6002 |
| Maryland | 10 days | Md. Code Real Prop. § 8-401 |
| Massachusetts | 14 days | Mass. Gen. Laws ch. 186, § 12 |
| Michigan | 7 days | Mich. Comp. Laws § 554.134(2) |
| Minnesota | 14 days | Minn. Stat. § 504B.321 |
| Mississippi | 3 days | Miss. Code § 89-8-13 |
| Missouri | No statutory notice; the landlord may sue for rent and possession after demanding the rent | Mo. Rev. Stat. § 535.010 |
| Montana | 3 days | Mont. Code § 70-24-422(2) |
| Nebraska | 7 days | Neb. Rev. Stat. § 76-1431(2) |
| Nevada | 7 judicial days | Nev. Rev. Stat. § 40.253 |
| New Hampshire | 7 days | N.H. Rev. Stat. § 540:3 |
| New Jersey | Immediate (file directly) | N.J. Stat. § 2A:18-61.1 |
| New Mexico | 3 days | N.M. Stat. § 47-8-33(D) |
| New York | 14 days | N.Y. Real Prop. Acts. Law § 711(2) |
| North Carolina | 10 days | N.C. Gen Stat. § 42-3 |
| North Dakota | 3 days (unconditional) | N.D. Cent. Code § 47-32-01 |
| Ohio | 3 days to leave, no right to cure | Ohio Rev. Code § 1923.04 |
| Oklahoma | 5 days | Okla. Stat. tit. 41, § 131 |
| Oregon | 10–13 days | Or. Rev. Stat. § 90.394 |
| Pennsylvania | 10 days | 68 Pa. Stat. § 250.501(b) |
| Rhode Island | 5 days | R.I. Gen. Laws § 34-18-35 |
| South Carolina | 5 days | S.C. Code § 27-40-710(B) |
| South Dakota | 3 days (unconditional) | S.D. Codified Laws § 21-16-2 |
| Tennessee | 14 days | Tenn. Code § 66-28-505 |
| Texas | 3 days | Tex. Prop. Code § 24.005 |
| Utah | 3 business days | Utah Code § 78B-6-802 |
| Vermont | 14 days | Vt. Stat. tit. 9, § 4467(a) |
| Virginia | 14 days | Va. Code § 55.1-1245 |
| Washington | 14 days | Wash. Rev. Code § 59.12.030(3) |
| West Virginia | No notice required | W.Va. Code § 55-3A-1 |
| Wisconsin | 5 days (month-to-month) | Wis. Stat. § 704.17 |
| Wyoming | 3 days (unconditional) | Wyo. Stat. § 1-21-1002 |
What Landlords Cannot Do
These actions are illegal in every U.S. state — regardless of how much rent is owed or how egregious the tenant’s behavior:
- Changing or adding locks without a court order
- Removing or confiscating the tenant’s belongings
- Shutting off utilities: electricity, water, heat, or gas
- Removing doors, windows, appliances, or fixtures
- Threatening, harassing, or intimidating the tenant
- Entering the unit repeatedly without proper notice to pressure the tenant
This is called “self-help eviction” or “constructive eviction.” Courts take it seriously even when the tenant is clearly in the wrong. Penalties typically include one to three months’ rent in damages plus the tenant’s attorney fees — on top of having to still complete the formal eviction. The legal process exists precisely to prevent landlords from bypassing due process.
Can a Landlord Evict You for No Reason?
In most states, yes — with proper notice. A landlord can terminate a month-to-month tenancy without stating any reason by giving advance written notice. The required notice period is usually 30 days, though some states (California, Oregon, Washington) require 60 days for long-term tenants.
However, five states have enacted statewide just cause eviction laws that require landlords to have a documented reason to evict a tenant who is not in violation of any lease term: California, New Jersey, New York, Oregon, and Washington.
Additionally, many cities in other states have their own just cause ordinances — including New York City, Los Angeles, Seattle, San Francisco, and Chicago. In these jurisdictions, “no-cause” evictions during an active lease are not permitted.
In every state, landlords cannot evict a tenant for retaliatory reasons — reporting code violations to a housing authority, organizing with other tenants, or exercising a legal right under the lease. Retaliatory eviction is illegal regardless of whether the jurisdiction has just cause protections.
If You Get Evicted, Do You Still Owe Money?
Yes, in most cases. An eviction proceeding and a debt judgment are separate but often happen in the same lawsuit. A court judgment for eviction typically also includes:
- Back rent: All unpaid rent through the eviction date, plus any amounts stated in the lease
- Court costs: Filing fees and sheriff service fees paid by the landlord
- Attorney fees: If your lease or state law allows them — many do
- Damages: For property damage beyond normal wear and tear, supported by documentation
The eviction itself does not cancel or discharge the debt. Once a landlord has a money judgment, they can pursue collection through wage garnishment, bank account levies, or sending the debt to a collection agency — depending on state law.
Effect on Your Rental History
An eviction judgment appears on your record and is reported by most tenant screening services for up to seven years under the Fair Credit Reporting Act. This makes it significantly harder to rent again, as most landlords screen for prior evictions.
Can You Negotiate After the Fact?
Yes. Before the hearing — and sometimes even after a judgment is entered — many landlords will agree to a settlement:
- Cash for keys: You agree to vacate by a specific date; landlord agrees to waive the judgment or dismiss the eviction. Keeps the eviction off your record.
- Payment plan: Landlord agrees to pause or dismiss the eviction if you pay arrears in installments. Must be in writing.
- Mediation: A neutral third party facilitates a settlement. Often free through local court programs. Faster than trial.
If you receive an eviction notice, contact a local tenant legal aid organization immediately — many offer free representation and can identify defenses or negotiate on your behalf.
Alternatives to Eviction
Eviction costs landlords between $500 and $10,000 in combined court fees, lost rent, attorney fees, and turnover costs. Before filing, consider:
- Cash for keys: Offer the occupant $500–$2,000 to vacate voluntarily by a set date. Typically cheaper than a contested eviction and avoids an eviction record for the tenant.
- Payment arrangement: A written repayment schedule for overdue rent. Include clear consequences for default.
- Mediation: Local courts often offer free or low-cost mediation programs. Faster than litigation and preserves some goodwill.
- Mutual termination agreement: Both parties sign an agreement to end the tenancy on a specific date. Legally cleaner than an informal arrangement.
Frequently Asked Questions
Can you evict a family member who lives with you?
Yes. A family member who has lived in your home and paid any rent — or who has lived there for 30 or more days — has tenant rights under state law regardless of the personal relationship. You must follow the full eviction process. Some states have limited exceptions for owner-occupied properties with a small number of units; check your state’s landlord-tenant statute.
How long does eviction take?
Uncontested cases in landlord-friendly states (Texas, Georgia, Arizona): 3–5 weeks from notice to removal. Contested cases in tenant-protective states (California, New York, New Jersey): 3–6 months or longer. D.C. and some California cities can exceed 12 months in contested cases.
Can police remove someone from my home without an eviction order?
Only if the person clearly has no residency claim: they have been there fewer than 30 days, have no belongings, receive no mail there, and have paid nothing. If any of those factors are present, police will typically call it a civil matter and require a court order before acting.
What happens if I evict someone and they leave belongings behind?
Most states require landlords to store abandoned property for a specified period (typically 15–30 days) and notify the former tenant before disposing of it. Disposing of belongings without following your state’s abandoned property law can expose you to liability. Check your state’s specific statute before taking any action.
Do I need a lawyer to file for eviction?
Not required in most states. For straightforward non-payment cases with proper documentation, most individual landlords handle the process themselves. An attorney is recommended for: contested cases, evictions in just-cause jurisdictions, family members or domestic situations, properties with four or more units, or any case where the tenant has legal representation.
