Legal Eviction of Roommates

Legal Eviction of Roommates

A living situation with roommates may become stressful if a roommate falls behind on rent or causes other problems in the home. The legal options for eviction of a roommate depend on whether the roommate is a legal occupant of the rental property, an unauthorized occupant, or a subletting party. The landlord, original tenant or either party might be able to pursue eviction by following the real-estate laws

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Sad Tenant moving apt after eviction sitting on the floor of the living room at home. NationalEvictions.com

Definition of Legal Occupant

A written lease agreement creates a legal obligation between each tenant and the landlord. A leases often require the names of all adults who will live in a rental home, along with the names of children or other adults who might spend time living in the residence. Whether a roommate is a legal occupant of a residence depends on whether the lease names the roommate as a lessee. If the roommate is lessee, the landlord can start eviction proceedings directly against the legal occupant.

Landlord’s Right to Evict

When a landlord wants to evict multiple roommates from a residence, States requires court proceedings for eviction, also known as “summary ejectment” under state law. North Carolina allows eviction based on one of three reasons: breach of the lease, nonpayment of rent or holdover of the premises after the end date specified by the lease. If the lessees fall behind on their rent payments, the landlord can initiate proceedings to evict all roommates, even if only one roommate is responsible for the past-due rent. Furthermore, if the lease specifically prohibits additional occupants or subletting parties, the landlord has the right to ask a North Carolina court for a summary ejectment based on a breach of the lease after a lessee allows a roommate to move in.

Legal Significance of Unauthorized Roommate or Subletting Party

A lease might state whether additional roommates may live in a rental home without signature of a new lease or advance permission from the landlord. A roommate who doesn’t appear on the lease usually doesn’t have a legal obligation to the rental home’s landlord; accordingly, the landlord can’t pursue late rent or directly take other legal action in North Carolina toward the unauthorized roommate. The roommate might have a sublease arrangement with the original lessee, however, and have a legal obligation toward a lessee who does appear on the lease agreement.

Tenant’s Right to Evict

If an original tenant allowed a roommate to move in without updating the lease with the landlord, the original tenant still might be able to pursue legal eviction of an unauthorized occupant. The original tenant and the new roommate might have an oral or written sublease agreement. If the roommate doesn’t pay rent or causes problems in the residence, the original tenant may be able to start legal proceedings for eviction based on the terms of the sublease. Legal eviction initiated by the landlord might result in a court order requiring all individuals to vacate the property and return possession of the premises to the landlord. Accordingly, the original lessee may need to take action independently if he wants to remain on the property himself. To evict a roommate, the original lessee must follow the notice, service and filing procedures required by North Carolina’s landlord-tenant laws.

Young Lawyer Fights Against Unjust Evictions In Durham

Young Lawyer Fights Against Unjust Evictions In Durham

Host Frank Stasio speaks with McCoy about his upbringing, his path to fighting for housing justice, and what the Durham eviction crisis looks like on the ground.

INTERVIEW HIGHLIGHTS

On living in Henderson, North Carolina during the 1980s:

When we were living in Vance County, I always tell people I was blessed to see sort of the best of times and the worst of times … It was definitely a low-income area, but I remember when we first got there there were a lot of seniors, a lot of very nice people, folks would watch other people’s kids. And then one of the biggest changes was we had three factories, and two of those factories ended up closing, I believe, within a two week gap from each other. So people went from being pretty happily employed and communal to desperation kinda setting in. And this was in the ’80s at the same time where crack was being distributed within the community, and I got to see the rapid decline of an otherwise vibrant neighborhood.

On writing romantic comedies to impress his classmates:

I started writing in middle school for the reason that all teenage boys write: I wanted girls to like me … I did a lot of, like, romantic-comedy books, because there was this whole Eric Jerome Dickey phase. I [had] just met Eric Jerome Dickey. I thought he was the greatest guy in the world. He autographed my book, and I said: I want to be like him when I grow up. And so I wrote novels that basically showed different personalities that I always [encountered] in school, and I would just mix them together. And people would get a kick out of basically sending my book around to everybody in the class – there was only one copy of it, and they would try to identify who was their character.

On police mistreating him when he was in middle school:

I was coming back with a friend from getting groceries – we used to go to the grocery store on Saturdays for our moms to get whatever they needed us to get from their list … A police car pulls up, cuts on the siren, stops us, police gets out of the car [and] asks us why we were throwing rocks in the road. Now keep in mind our hands were full of groceries, we weren’t throwing rocks .. Quickly it escalated to the point where we were being stuffed in the back of a car, and we thought we were going to be arrested, but weren’t arrested. He just rode around with the sirens going off until there was a nice crowd of people in the neighborhood and then opened the door and let us out with a stern warning about: Don’t do this anymore. Don’t throw rocks. It was one of those situations where you could see the look of shame on everybody’s face, and it was so misplaced. We felt like we wanted to take a stand against what this officer did to us, but you don’t really have any mechanism to do that … It was one of those things where it felt like we were supposed to accept that this was the way it was going to be … I said to myself: I want to be in a position when I grow up where I can actually represent this community … So that was really when I shifted my career decision from being a doctor to wanting to be an attorney.

On the effects of being evicted and the need for the Durham eviction diversion program:

There are a number of collateral consequences. It will affect the school district that your kids go to if you’re no longer able to stay in that community. It can actually increase the rate of homelessness. It can affect your ability to get employment if you don’t have a stable address. So with all these things in the aggregate, what we said is: We needed to see what parts can we fix through the litigation process … We view our role as a problem solver to help people who want to come to the table and work out resolutions [to] do so, but we also view our role as that of, if a landlord is actively doing things that are in violation of the statute and does not wish to participate, we do have that option of being able to pursue litigation against those landlords…