Are You Trying to Evict a Roommate? You Better Make Sure You Have the Authority to Do That.

July 8, 2016 · Coauthored by Joe Cloer & Susan Cook

When you bring in a roommate, you are subletting space to someone; you are bringing in a subtenant. By definition, subletting occurs when a tenant rents to someone who does not have a direct relationship with the landlord. Well, to understand the entire picture here, ask yourself: am I a landlord? In Georgia, a landlord is the person who owns the property or the person who is the property manager with the authority to lease and act on behalf of the property owner. If you are not the landlord, then you are a tenant.

If you are a tenant who has sublet a space to a friend or anyone else without permission (in writing) from your landlord, then you have a roommate who is trespassing against your landlord, because your landlord has not given that person permission to be there. You have no authority, in this case, to terminate the roommate’s tenancy. That situation can be truly awful.

Bottom line: if you want to evict your roommate, your actual landlord will have to do it. The problem with having your landlord evict your roommate could be that you get evicted too, for subletting without permission.

If you own the property or are the designated property manager for that property, you can terminate a subtenant with 60-day notice. If the subtenant — who could be your kids, friend, family members, or anyone — does not leave at the end of that notice, dispossess them. Figure out where you fall in this scheme before you decide to terminate your relationship with your roommate. Keep it legal — even if that means going to your landlord to tell him or her you let someone into your house or apartment. Your landlord can get the roommate out.