Roommates, Guests and Family Members: Who Has to Leave, and How
A roommate who is not on the lease, a guest who overstays, or a family member can sometimes be removed simply — and sometimes only through an eviction case. The rule depends on your state.
| State | Roommate not on the lease | Removing a roommate or subtenant |
|---|---|---|
| Alabama | Under the Alabama Uniform Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and a rental agreement includes oral as well as written agreements. A roommate not on the lease may be a tenant if they have an agreement with the owner, a subtenant if they rent from the leaseholder, or only a guest. Which applies depends on the facts. Ala. Code § 35-9A-141(13), (16) | A tenant who rents to a roommate is a 'sublessor', which the Act treats as a 'landlord'. The leaseholder must end the roommate's tenancy with proper written notice (for example 30 days for month-to-month, 7 days for week-to-week) and, if the roommate stays, file an eviction action in district or circuit court. Ala. Code §§ 35-9A-141(7), 35-9A-441, 35-9A-461 |
| Alaska | A 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others. Per the Alaska Department of Law's guide, the Landlord and Tenant Act covers roommates only if all are on the lease or the landlord consented to a sublease; a roommate who moves in and pays the tenant without the landlord's consent gets no rights as a tenant against the landlord, and a person who stays for free is not a tenant. AS 34.03.360(19), (22); AS 34.03.220(f); Alaska Dept. of Law, 'The Alaska Landlord & Tenant Act: What It Means to You' (2024) | A tenant who subleases to a roommate is that roommate's 'landlord' under the Act. If the roommate does not leave after the required written notice to quit, the leaseholder must file a forcible entry and detainer (FED) case in court; lockouts and other self-help are not allowed, and police should not remove a tenant without a court order. AS 34.03.360(11); AS 09.45.090; AS 34.03.210; Alaska Dept. of Law guide (2024) |
| Arizona | Under the Arizona Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and a rental agreement can be written, oral or implied by law. A roommate who is not on the lease may still be a tenant if they have an agreement (even an oral one) with the owner, or a subtenant if they rent from the leaseholder; otherwise they may be only a guest. Which applies depends on the facts. A.R.S. § 33-1310(13), (17) | A tenant who rents to a roommate is a 'sublessor', which the Act treats as a 'landlord' of that roommate. The leaseholder must therefore follow the Act's notice rules and, if the roommate does not leave, file a court eviction (special or forcible detainer) action rather than locking the roommate out. A.R.S. §§ 33-1310(7), 12-1173(C) |
| Arkansas | Under the Arkansas Residential Landlord-Tenant Act, a 'tenant' is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and a rental agreement includes oral as well as written agreements. A roommate not on the lease may be a tenant if they have an agreement with the owner, a subtenant if they rent from the leaseholder, or only a guest. Which applies depends on the facts. Ark. Code Ann. § 18-17-301 (definitions of 'rental agreement' and 'tenant') | A tenant who rents to a roommate is a 'sublessor', which the Act treats as a 'landlord'. Without a fixed term the roommate's tenancy is month to month (week to week for a roomer paying weekly), ended by written notice of 30 days (7 days for week-to-week). If the roommate stays, the leaseholder brings a court action for possession (unlawful detainer). Ark. Code Ann. §§ 18-17-301, 18-17-401(c), 18-17-704; § 18-60-304 |
| California | California's landlord-tenant chapter applies to all persons who hire dwelling units. A person who lives in the unit but is not on the lease can still be part of an eviction: the landlord may name them, or serve a Prejudgment Claim of Right to Possession, and an occupant who moved in before the case started may file a claim to join the case and defend. Whether a particular roommate is a tenant, subtenant or guest depends on the facts, such as any agreement and who they pay rent to. Cal. Civ. Code § 1940(a); California Courts Self-Help Guide, 'Eviction when you're not on the lease' | A person who rents a room from a master tenant generally has the same protection against self-help eviction as any tenant and may be removed only through the court eviction (unlawful detainer) process, after proper written notice. The only exception is a single lodger living with the homeowner (see lodger rules). Cal. Dept. of Justice Information Bulletin 2022-DLE-05 (July 13, 2022); Cal. Penal Code § 602.3; Cal. Civ. Code § 1946.5 |
| Colorado | A "tenant" is someone entitled under a written or oral rental agreement to occupy the unit. The definition also includes any member of the tenant's household and anyone with a right to occupy under law, the rental agreement or a separate agreement with the landlord, or who otherwise has explicit or implicit permission from the landlord to live there. So a roommate the landlord knows about and allows can have tenant rights even without signing the lease; whether a particular roommate qualifies depends on the facts. C.R.S. §§ 38-12-502(7), (9) | A tenant who sublets to a roommate is that roommate's "landlord" (the definition includes a sublessor), so the roommate must be removed through a county court eviction (forcible entry and detainer) case after proper written notice; removing or locking out a tenant without court process is unlawful. The for-cause eviction law does not apply where the master tenant lives in and maintains a single-family home, duplex or triplex as a primary residence, so in that case the regular notice periods apply (for example, 21 days for a month-to-month tenancy). C.R.S. §§ 38-12-502(5), 38-12-510, 38-12-1302(1)(b), 13-40-104(1)(c), 13-40-107 |
| Connecticut | A "tenant" is the lessee, a sublessee, or a person entitled under a written or oral rental agreement to occupy the unit. A roommate who has no agreement with the landlord or the tenant is an occupant, not a tenant; a roommate who sublets from the tenant is a sublessee and so a tenant of that tenant. Whether a landlord's acceptance of rent from a roommate creates a tenancy depends on the facts. Conn. Gen. Stat. § 47a-1(i), (l) | A tenant who sublets is a "landlord" (the definition includes a sublessor), so a subtenant roommate is removed through the court eviction (summary process) route: a written notice to quit, delivered by a proper officer at least 3 days before the quit date, followed by a summary process case. The notice can also be used against an occupant who never had a right to occupy or whose right or privilege to occupy has ended. Conn. Gen. Stat. §§ 47a-1(d), 47a-23(a), (c) |
| Delaware | A "tenant" is a person entitled under a written or oral rental agreement to occupy a rental unit to the exclusion of others. A roommate who has no agreement with the landlord, and no sublease from a tenant, is not a tenant under this definition. The "landlord" definition includes a sublessor and anyone the tenant normally deals with as a landlord, so a roommate who rents from the tenant can be that tenant's tenant. 25 Del. C. § 5141 (definitions of landlord, rental agreement, tenant) | A tenant who sublets to a roommate is a "landlord" under the Code and must use a summary possession case in the Justice of the Peace Court to remove that roommate; removing or locking out a tenant without a court order lets the tenant recover possession plus treble damages or three times the daily rent for the time excluded. A month-to-month agreement is ended with at least 60 days' written notice, counted from the first day of the month after notice is given. 25 Del. C. §§ 5141 (landlord), 5106(d), 5313, 5702-5703 |
| District of Columbia | Under the Rental Housing Act, "tenant" includes a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy or benefits of a rental unit owned by another person. A roommate who sublets from the leaseholder, or who is otherwise entitled to occupy, can therefore be a tenant even without signing the main lease; a person merely visiting is not. D.C. Code § 42-3501.03 (definition of tenant) | A leaseholder who rents to a roommate is a "housing provider" (the definition includes a sublessor and anyone entitled to receive rent). No tenant may be evicted without a written notice meeting the Rental Housing Act's requirements, and possession is recovered only through a case in D.C. Superior Court; the eviction itself is carried out under a court writ. D.C. Code §§ 42-3501.03 (housing provider), 42-3505.01(a)(1), 16-1501 |
| Florida | A "tenant" is any person entitled to occupy a dwelling unit under a rental agreement, which can be written or oral. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who pays rent to the leaseholder under an oral or written agreement may be that leaseholder's tenant. Florida also has a separate category of "transient occupant" for short, non-lease stays. Fla. Stat. §§ 83.43 (rental agreement, tenant), 82.035(1) | A leaseholder who rents to a roommate under a rental agreement must follow the Residential Landlord and Tenant Act to remove them: the proper written notice (for example, 3 days for unpaid rent, or the notice ending a month-to-month tenancy) and then an eviction case in county court. Self-help (lockouts, removing belongings, cutting utilities) is prohibited; possession may be recovered only through the court process. Fla. Stat. §§ 83.43, 83.56, 83.57, 83.59, 83.67 |
| Georgia | A roommate who did not sign the lease is not liable to the landlord unless the landlord accepted payment from them or the landlord's other actions created a landlord-tenant relationship. A roommate who leases from the original tenant is a subtenant: they occupy through the tenant, not the landlord, and the landlord's mere acceptance of a subtenant's rent does not by itself make the subtenant the landlord's tenant. Georgia Landlord-Tenant Handbook (Dept. of Community Affairs), pp. 13-14, 23 | A tenant who rents to a subtenant is in a landlord-tenant relationship with that person, and Georgia allows removal only through the court dispossessory process: the owner demands possession, then files a dispossessory affidavit in magistrate or another authorized court if the occupant refuses. Self-help evictions such as lockouts or utility shutoffs are illegal. O.C.G.A. §§ 44-7-1(a), 44-7-50(a); Georgia Landlord-Tenant Handbook, pp. 14, 17 |
| Hawaii | A "tenant" is any person who occupies a dwelling unit for dwelling purposes under a written or oral rental agreement. Hawaii's courts have held that a roommate who shares the unit with the leaseholder—without exclusive possession, a right to assign, or a fixed term—may be a licensee of that roommate rather than a sublessee, holding a license revocable at will that ends when the leaseholder's interest ends. HRS § 521-8 (definitions of rental agreement, tenant); 109 Haw. 296, 126 P.3d 339 (2005) (case note to § 521-8) | A "landlord" includes a sublessor, so a leaseholder who sublets to a roommate under a rental agreement must end the tenancy with the Code's written notice (for example, 45 days for a month-to-month tenancy from the landlord, 10 days if the tenancy is shorter than month to month) and then bring a summary possession case in district court if the roommate stays. Removing or excluding a tenant overnight without cause or a court order lets the tenant recover possession or end the agreement, plus two months' rent and attorney's fees. HRS §§ 521-8 (landlord), 521-71(a), (d), (e), 521-63(c); 666-1 |
| Idaho | Idaho has no statutory definition that makes an unlisted roommate a tenant. The Attorney General's manual explains that subletting is when the current tenant rents the property to another person; unless the lease prohibits it, tenants may sublet, and the original tenant stays responsible under the lease. A roommate who rents from the tenant is therefore that tenant's subtenant, not the landlord's tenant. Idaho Attorney General, Landlord and Tenant Manual (July 2026), "Subletting" | A tenant who sublets to a roommate stands as that roommate's landlord. The roommate is removed through an unlawful detainer case after proper written notice (for example, at least one month's notice to end a tenancy at will, or 3 days' notice for unpaid rent). After judgment, the sheriff restores possession; a residential tenant has 72 hours to remove belongings. Self-help, such as changing locks or shutting off utilities, is unlawful. Idaho Code §§ 6-303, 6-316(2), 55-208; Idaho AG Landlord and Tenant Manual, "Unlawful Evictions" |
| Illinois | Not verified yet | A tenant who rents to a roommate is that roommate's landlord. Illinois's eviction law covers any lessee "or any person holding under such lessee" who holds possession without right after the tenancy ends by its terms or by notice to quit. The tenant must end the roommate's tenancy with written notice (30 days for a month-to-month or other tenancy under one year; 7 days for week to week; or a 5-day notice for unpaid rent) and then file an eviction case if the roommate stays. 735 ILCS 5/9-102(a)(4), 9-207, 9-209 |
| Indiana | In Indiana's security-deposit chapter, a "tenant" is someone who occupies a rental unit for residential purposes, with the landlord's consent, for consideration agreed on by both parties, and a "landlord" includes a sublessor. A roommate who pays the leaseholder under an agreement can be the leaseholder's tenant; one who pays nothing and has no agreement generally is not a tenant under that definition. A general tenancy in which the premises are occupied with the landlord's express or constructive consent is treated as month to month. IC 32-31-3-3, 32-31-3-10; IC 32-31-1-2 | A leaseholder who sublets to a roommate is that roommate's landlord. A month-to-month or at-will tenancy is ended with one month's written notice (or, for unpaid rent, the 10-day notice), and the roommate is then removed through an eviction case in court. Except by court order, a landlord may not deny or interfere with a tenant's access to or possession of the unit, for example by changing locks or cutting utilities. IC 32-31-1-1, 32-31-1-6, 32-31-3-3; IC 32-31-5-6(c) |
| Iowa | Under Iowa's Uniform Residential Landlord and Tenant Law, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of another, and a "landlord" includes a sublessor. Separately, a person in possession of real estate with the owner's assent is presumed to be a tenant at will until shown otherwise. A roommate the owner has allowed to live there may therefore have tenant rights even without signing the lease. Iowa Code §§ 562A.6(5), (11), (16); 562.4 | A leaseholder who sublets is the roommate's "landlord" under the Act. The roommate's tenancy must be ended with the required written notice (for example, 30 days for month to month, or a 3-day notice for unpaid rent), and the roommate removed through a forcible entry and detainer case in court. A landlord who unlawfully removes or excludes a tenant, or cuts off essential services, owes actual damages, up to twice the monthly rent in punitive damages, and attorney fees. Iowa Code §§ 562A.6(5), 562A.34, 562A.26; 648.1 |
| Kansas | A "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. Separately, any person in possession of real property with the owner's assent is presumed to be a tenant at will unless shown otherwise. A roommate allowed by the owner may therefore have tenant rights without signing the lease; under the 2026 squatter law, a person authorized by a tenant to occupy the unit is not a squatter. K.S.A. 58-2543(e), (k), (o); 58-2501; 2026 Kan. Sess. Laws ch. 56 (HB 2378), § 7(b)(4) | A leaseholder who sublets is the roommate's "landlord" under the Residential Landlord and Tenant Act. The roommate's tenancy must be ended with written notice (for month to month, at least 30 days, ending on a rent-paying date) and, if the roommate stays, through a court eviction case. A landlord who unlawfully removes or excludes a tenant, or interrupts essential services, owes the greater of 1.5 months' rent or actual damages. K.S.A. 58-2543(e), 58-2570, 58-2563 |
| Kentucky | Where the Uniform Residential Landlord and Tenant Act applies, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others, and a "landlord" includes a sublessor. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who sublets from the leaseholder can be that leaseholder's tenant. KRS 383.545(5), (11), (15) | A leaseholder who sublets is the roommate's landlord. The tenancy must first be ended with written notice: one month for a tenancy at will in areas without the uniform Act, or at least 30 days before a periodic rental date for month to month in areas with it. The roommate is then removed through a forcible detainer case in district court. In uniform-Act areas, a landlord who unlawfully removes or excludes a tenant or cuts essential services owes up to three months' rent plus attorney's fees. KRS 383.195, 383.200(3)(a), 383.695, 383.655 |
| Louisiana | A lease is a contract to give someone the use of a thing for a term in exchange for rent, so a roommate who pays rent to the leaseholder under an oral or written agreement is a sublessee; a lessee may sublease unless the lease expressly prohibits it. A roommate who lives there without paying rent, by permission of the owner or another occupant, is an "occupant" for eviction purposes rather than a tenant. La. C.C. arts. 2668, 2713; La. C.C.P. art. 4704 | For eviction purposes, "lessor" includes a sublessor and "owner" includes a lessee, so a leaseholder can evict a subtenant or occupant roommate. The leaseholder delivers a written notice to vacate giving at least five days (for a lease with no fixed term, the notice required to end the lease also counts), then files an eviction suit if the roommate stays. La. C.C.P. arts. 4701, 4702, 4704 |
| Maine | Maine's eviction (forcible entry and detainer) statute covers a tenant under a written lease and any 'person holding under such a tenant'. When several people live in a unit, an eviction binds all occupants if the landlord names 'all other occupants' along with every adult on the lease or whose tenancy the landlord has acknowledged, for example by accepting rent. So a roommate can become the landlord's tenant through the landlord's acknowledgment, such as accepting rent from them; otherwise their status depends on the facts. 14 M.R.S. § 6001(1) | Evictions carried out without the court process in 14 M.R.S. chapter 709 are illegal; lockouts, removing belongings and cutting off utilities are prohibited. A roommate who is a tenant at will must get at least 30 days' written notice, which must say they have the right to contest it in court, and then a forcible entry and detainer case may be filed. A 7-day notice is allowed for listed causes, including when the person occupying the premises is not an authorized occupant. 14 M.R.S. §§ 6001(1), 6002, 6002(1)(F), 6014 |
| Maryland | Maryland's eviction statutes cover not only the tenant but also 'someone holding under the tenant', and court summonses go to the 'tenant, assignee, or subtenant' or person in actual possession. A roommate who lives in the unit through the leaseholder can therefore be bound by an eviction against the tenant and is liable for holdover damages. Whether a roommate is a tenant of the owner, a subtenant or a guest depends on the facts. Md. Code, Real Prop. §§ 8-401(b), 8-402(a)-(b) | No statute sets a special process for a tenant removing a roommate. A person entitled to possession who wants to remove a periodic or at-will occupant gives the required written notice to quit and, if the occupant stays, files a tenant-holding-over complaint in District Court; if no landlord-tenant remedy applies, a wrongful detainer complaint is available. Landlords may not lock out tenants or cut off utilities; possession may be taken only under a court warrant of restitution executed by a sheriff or constable. Md. Code, Real Prop. §§ 8-402(b)-(c), 8-216, 14-132 |
| Massachusetts | Massachusetts has no statute defining when a roommate not on the lease becomes a tenant. Summary process (eviction) is available against a lessee 'or a person holding under him' who stays without right after the lease ends, so a person who lives in the unit through the leaseholder can be part of an eviction. Whether a roommate is a tenant at will of the owner, a subtenant of the leaseholder, or a guest depends on the facts, such as who they pay rent to and whether the landlord accepted them. G.L. c. 239, § 1 | No one may recover possession of a home except through a summary process case under chapter 239 or other proceedings authorized by law. A leaseholder who rents to a roommate must end the roommate's tenancy with proper written notice (for a tenancy at will, generally the rental interval or 30 days, whichever is longer) and, if the roommate stays, bring a summary process case; lockouts and utility shutoffs are illegal. G.L. c. 184, § 18; c. 186, §§ 12, 14, 15F; c. 239, § 1 |
| Michigan | Under Michigan's Landlord-Tenant Act, a 'tenant' is an individual who occupies a rental unit for residential purposes with the landlord's consent for an agreed-upon payment, and a 'landlord' includes a sublessor. A roommate who pays the leaseholder may be that person's subtenant; one who pays nothing may be only a guest or licensee. Which applies depends on the facts. MCL 554.601(a), (g) | A leaseholder who rents to a roommate must end the arrangement with proper notice (for a tenancy at will, generally notice equal to the rent-payment interval, or 7 days for nonpayment) and, if the roommate stays, recover possession through summary proceedings in district court. For summary proceedings, a 'lease' includes a written or verbal lease or license agreement. Lockouts, removing belongings and shutting off essential utilities without a court order expose the person to damages. MCL 554.134; 600.5701(c); 600.5714(1)(c); 600.2918 |
| Minnesota | Minnesota defines a 'residential tenant' as a person occupying a dwelling under an oral or written lease or contract that requires payment of money or services, plus all other regular occupants of that dwelling unit. A lease can be oral. So a roommate who regularly lives in the unit may count as a residential tenant for many purposes even if not on the written lease; whether they have rights against the landlord under the lease depends on the facts. Minn. Stat. § 504B.001, subds. 8, 12 | Minnesota allows removal of a tenant only through a court eviction action followed by a writ executed by the sheriff; lockouts, utility shutoffs and similar self-help are not allowed. 'Landlord' includes a lessee in control of rental property, so a tenant who sublets to a roommate must give proper written notice and then file an eviction action if the roommate stays. Minn. Stat. §§ 504B.001, subds. 4, 7; 504B.375; Minn. Attorney General, Landlords and Tenants: Rights and Responsibilities |
| Mississippi | Under Mississippi's Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others; it does not include anyone who enters or stays on property without the landlord's knowledge or permission. A roommate not on the lease may be a tenant if the owner agreed to their occupancy, a subtenant if they rent from the leaseholder, or only an invitee. Which applies depends on the facts. Miss. Code Ann. § 89-8-7(1)(l), (m) (as amended by 2025 H.B. 1200) | A 'landlord' under the Act includes a sublessor, so a tenant who rents to a roommate is that roommate's landlord. Without a fixed term the tenancy is month to month (week to week if rent is paid weekly), ended by written notice at least 30 days (or 7 days) before the termination date; if the roommate stays, the leaseholder seeks a possession judgment in justice, county or circuit court. Miss. Code Ann. §§ 89-8-7(1)(f), (j); 89-8-19 |
| Missouri | Missouri's landlord-tenant law defines a tenant as any person who occupies the premises with the landlord's consent. So an occupant who is not on the written lease can still be a tenant if the landlord has consented to them living there; someone living there without the landlord's consent is not the landlord's tenant. No statute sets out separate rules for roommates. RSMo 441.005 | No roommate-specific statute. A tenant who rents to a subtenant acts as that person's lessor. A subtenant whose term has ended, or who holds over after the term of the person they claim under, can be removed through an unlawful detainer case in court; a month-to-month or at-will occupancy is first ended with one month's written notice. RSMo 534.030.1; RSMo 441.060.1, .4(1) |
| Montana | Under Montana's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement (written or oral) to occupy the unit, or a person who has a sublease with the leaseholder made with the landlord's written approval under the rental agreement. A person living there without a rental agreement or approved sublease is not a tenant; someone staying temporarily with a tenant is a guest. Mont. Code Ann. § 70-24-103(8), (16), (19) | A tenant may use Montana's unlawful detainer procedures to recover possession from an undertenant (subtenant) who unlawfully stays. A periodic or at-will occupancy must first be ended by proper written notice (at least 30 days for month-to-month, 7 days for week-to-week, at least 1 month for a tenancy at will) before a court case is filed. Mont. Code Ann. §§ 70-27-108, 70-27-104, 70-24-441 |
| Nebraska | Under Nebraska's Uniform Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement to occupy a unit, and a rental agreement can be written or oral. An occupant who is not on the written lease is a tenant only if they have their own agreement with the landlord (or a sublessor). The Act defines 'landlord' to include a sublessor, so a tenant who sublets to a roommate becomes that roommate's landlord. Neb. Rev. Stat. § 76-1410(7), (14), (17) | No roommate-specific statute. Because a sublessor counts as a 'landlord' under the Act, a tenant who sublets ends a month-to-month subtenancy with written notice at least 30 days before the rental date named in the notice (7 days for week-to-week), then must use a court possession action if the subtenant stays. Neb. Rev. Stat. §§ 76-1410(7), 76-1437 |
| Nevada | Under Nevada's landlord-tenant law, a tenant is a person entitled under a rental agreement to occupy a unit, and a rental agreement can be oral or written. A roommate who has their own oral or written agreement with the landlord can be a tenant (a 'cotenant' is a tenant entitled under a rental agreement to occupy a dwelling another tenant is also entitled to occupy). An occupant with no agreement with the landlord is not the landlord's tenant. NRS 118A.160, 118A.170, 118A.345(12)(b) | No roommate-specific statute. A periodic or at-will occupancy is ended with the written notices in NRS 40.251 (at least 30 days for month-to-month, 7 days for week-to-week, 5 days for a tenancy at will); if the person stays after the notice expires without consent, they are guilty of unlawful detainer and removal goes through the court. NRS 40.251(1) |
| New Hampshire | New Hampshire recognizes subtenants and 'implied tenants'. A person who is not a tenant, subtenant, or implied tenant may not occupy residential property without permission of the owner, landlord, or agent. An occupant who claims to be a subtenant or implied tenant must prove it, for example with a signed unexpired lease, recent rent receipts, canceled checks or electronic payments to the landlord, or emails or texts showing the landlord agreed they could live there; an implied tenant may also show that, based on the totality of the circumstances, the landlord impliedly agreed to let them live there. Utility bills or IDs showing the address are not enough on their own. RSA 540-A:3, IX; RSA 540-A:4, VII | No roommate-specific statute. Residential tenancies are ended with a written eviction notice (30 days in most cases; 7 days for nonpayment and certain other grounds) followed by a landlord-tenant possessory action in court. In 'restricted' property, a tenancy may be ended only for a listed ground such as nonpayment, damage, lease violations, or other good cause. RSA 540:2; RSA 540:3, II |
| New Jersey | No statute defines the status of a roommate who is not on the lease. New Jersey's eviction law protects not only the lessee or tenant but also the tenant's 'assigns, under-tenants or legal representatives', so a subtenant is covered by the same removal rules. N.J.S.A. 2A:18-61.1 | No roommate-specific statute. Under-tenants of a lessee are covered by the Anti-Eviction Act, which allows removal only on one of its listed good-cause grounds and only through a court case. Exceptions include owner-occupied premises with not more than two rental units. N.J.S.A. 2A:18-61.1 |
| New Mexico | New Mexico's Uniform Owner-Resident Relations Act calls tenants 'residents'. A resident is a person entitled under a rental agreement to occupy a dwelling unit in peaceful possession to the exclusion of others; a rental agreement is any agreement between an owner and a resident, and an 'owner' includes lessors. An occupant who has no agreement with the owner (or with a tenant acting as lessor) is not a resident under the Act. NMSA 1978, § 47-8-3(M), (Q), (R) | No roommate-specific statute. Because 'owner' includes lessors, a tenant who sublets can end a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). If the occupant stays without consent after the termination, the owner may bring a court action for possession. NMSA 1978, §§ 47-8-3(M), 47-8-37(A)-(C) |
| New York | Under New York's 'Roommate Law', a person who lives in the unit with the tenant's consent but is not on the lease (and is not the tenant's immediate family) is an 'occupant', not a tenant. A tenant on a single-person lease may share the unit with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, tenants plus occupants (not counting occupants' dependent children) may not exceed the number of tenants on the lease. The tenant must tell the landlord the occupant's name within 30 days after move-in or after the landlord asks. An occupant gets no right to stay if the tenant leaves, and no other tenancy rights, without the landlord's express written permission. N.Y. Real Prop. Law § 235-f | A roommate who is a licensee of the tenant (living there with permission but with no landlord-tenant relationship) can be removed by a summary proceeding in court after a 10-day notice to quit, once the license expires or is revoked. A roommate who is a subtenant paying rent to the tenant is a tenant of the tenant and is removed through the landlord-tenant procedures. Either way, an occupant who has lawfully lived in the unit for 30 consecutive days or longer cannot be locked out, have belongings removed, or be forced out without a court order; doing so is unlawful eviction, a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation. RPAPL §§ 711, 713(7), 768 |
| North Carolina | Not verified yet | No roommate-specific statute. North Carolina's summary ejectment statute lets a landlord remove a tenant or lessee, and anyone claiming under them (assigns and legal representatives), who holds over without permission after demand, after the lease ends or after doing something that ends their right under the lease. Periodic tenancies are first ended with notice: 7 days for month-to-month, 2 days for week-to-week, one month for year-to-year. N.C. Gen. Stat. §§ 42-26(a), 42-14 |
| North Dakota | Not verified yet | No roommate-specific statute. An eviction action in district court is available when a lessee, in person or through a subtenant, holds over after the lease ends or fails to pay rent for three days after it is due. A month-to-month tenancy is ended by at least one calendar month's written notice, given at any time, unless the parties agreed in writing to a longer or different notice. N.D. Cent. Code §§ 47-32-01(4), 47-16-15(2) |
| Ohio | Under Ohio's landlord-tenant law, a tenant is a person entitled under a rental agreement to use and occupy residential premises to the exclusion of others, and a rental agreement can be written or oral. An occupant not on the written lease can be a tenant if they have their own oral or written agreement with the landlord. 'Landlord' includes a sublessor, so a tenant who sublets to a roommate becomes that roommate's landlord. Ohio Rev. Code § 5321.01(A), (B), (D) | No roommate-specific statute. A sublessor counts as a landlord, so a tenant who sublets ends a month-to-month subtenancy with notice at least 30 days before the periodic rental date (7 days for week-to-week). If the roommate holds over, removal is through a forcible entry and detainer (eviction) case in court, which must be preceded by a written three-day notice to leave the premises. Ohio Rev. Code §§ 5321.01(B), 5321.17, 1923.02(A)(1), 1923.04(A) |
| Oklahoma | A tenant is any person entitled under a rental agreement to occupy a dwelling unit. An occupant who has no rental agreement with the landlord, and with whom the landlord has not consented to create a tenancy, is not a tenant: the landlord may demand that the occupant leave without filing an eviction case, and an occupant who wrongfully fails to leave within a reasonable time commits trespass (fine up to $500). Separately, any person in possession of real property with the owner's assent is presumed to be a tenant at will unless shown otherwise, so landlord consent is the key question. 41 O.S. §§ 1, 102(15), 111(G) | No roommate-specific statute. A month-to-month tenancy or tenancy at will is ended by written notice at least 30 days before the termination date (7 days for tenancies shorter than month-to-month), served personally, or on a family member over 12 living with the tenant, or by posting plus certified mail. If the person stays without consent after termination, an action for possession is filed in court. 41 O.S. § 111(A), (B), (D), (E) |
| Oregon | A tenant is a person, including a roomer, entitled under a rental agreement to occupy a unit to the exclusion of others; a guest or temporary occupant is not a tenant. A landlord, tenant, and proposed occupant can sign a written temporary occupancy agreement: the temporary occupant has no tenant rights, the tenant may end the agreement at any time without cause, and the landlord may end it only for a material violation. A person living in the unit who is neither entitled under a rental agreement nor authorized by the tenant is a 'squatter'. ORS 90.100(47), (51); ORS 90.275 | If the roommate is a temporary occupant under a written agreement, the tenant may end the agreement at any time without written notice; the temporary occupant must promptly leave and is treated as a squatter if they stay after the tenant revokes permission. An owner or landlord may then take possession through Oregon's court eviction procedure (ORS 105.100 to 105.168) after giving 24 hours' written notice stating the date and time to vacate and that the cause is squatter status. ORS 90.275(3), (8)-(10); ORS 91.140 |
| Pennsylvania | Since 2024, Pennsylvania's Landlord and Tenant Act defines a tenant as a person who occupies another's land or premises in subordination to the other's title and with the other's express or implied consent, including through an oral or written lease or the owner's (or agent's) acceptance of rent. So a roommate not on the written lease can become a tenant if the owner expressly or impliedly consents, for example by accepting rent from them. 68 P.S. § 250.102 ('Tenant', added by Act of July 17, 2024, P.L.944, No.88) | No roommate-specific statute. To recover possession from a tenant, the landlord serves a written notice to quit: 15 days from service when the term expires or the lease is forfeited for a lease of one year or less or of indeterminate time (30 days for a lease of more than one year), or 10 days for unpaid rent. If the tenant does not leave, the landlord files a complaint with the magisterial district judge. The notice may be served personally, left at the principal building on the premises, or posted conspicuously on the premises. 68 P.S. §§ 250.501(a), (b), (f), 250.502 |
| Rhode Island | Under Rhode Island's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement (written or oral) to occupy a dwelling unit to the exclusion of others. A roommate who is not on the written lease is a tenant only if they have their own oral or written agreement with the landlord. 'Landlord' includes a sublessor, so a tenant who sublets to a roommate is that roommate's landlord. R.I. Gen. Laws § 34-18-11 | No roommate-specific statute. Because a sublessor counts as a landlord, a tenant who sublets ends a month-to-month subtenancy with written notice at least 30 days before the date in the notice (10 days for week-to-week). Self-help recovery of possession is prohibited, so a subtenant who stays must be removed through a court eviction for holding over. R.I. Gen. Laws §§ 34-18-11, 34-18-37, 34-18-38, 34-18-44 |
| South Carolina | Under South Carolina's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement to occupy a dwelling unit, and a rental agreement may be written or oral. A roommate who is not on the written lease is a tenant only if they have their own agreement with the landlord. Separately, when a person uses another's premises without agreement or permission, the owner may choose to treat that person as a tenant at will and collect a reasonable rent. S.C. Code §§ 27-40-210(12), (15); 27-35-40 | No roommate-specific statute. A tenant may be ejected on the landlord's application when rent is unpaid, the term of tenancy or occupancy has ended, or the lease is violated: the magistrate issues a rule requiring the tenant to vacate or show cause within ten days after service. A month-to-month tenancy is ended first with at least 30 days' written notice (7 days for week-to-week). S.C. Code §§ 27-37-10, 27-37-20, 27-40-770 |
| South Dakota | Not verified yet | No roommate-specific statute. A forcible entry and detainer (eviction) action is available when a lessee, in person or through subtenants, holds over after the lease ends or fails to pay rent for three days after it is due. The lessee, subtenant, or party in possession must be served. A periodic hiring with no fixed term is ended by notice given at least as long before its end as the rental period, up to one month. SDCL 21-16-1(4), 21-16-6; 43-32-15 |
| Tennessee | In counties covered by Tennessee's Uniform Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement (written or oral) to occupy a dwelling unit to the exclusion of others. A roommate who is not on the written lease is a tenant only if they have their own agreement with the landlord. Tenn. Code Ann. §§ 66-28-102, 66-28-104 | No roommate-specific statute. Tennessee's unlawful detainer statute covers a person who got possession by contract as a tenant, assignee, or subtenant of a tenant (or by collusion with a tenant) and who willfully holds over. In URLTA counties, a month-to-month tenancy ends with written notice at least 30 days before the periodic rental date in the notice (10 days for week-to-week), and the holdover is then removed through a court detainer case. Tenn. Code Ann. §§ 29-18-104, 66-28-512 |
| Texas | Under Texas residential tenancy law, a tenant is a person authorized by a lease to occupy a dwelling to the exclusion of others, and a lease can be written or oral. 'Landlord' includes a sublessor. A roommate not on the written lease is a tenant only if a lease (including an oral one) with the landlord or with a tenant acting as sublessor authorizes them to live there. Tex. Prop. Code § 92.001(2), (3), (6) | No roommate-specific statute. A tenant or subtenant who refuses to leave on written demand after their right of possession ends commits forcible detainer, as does a tenant at will or by sufferance. The person entitled to possession must give at least three days' written notice to vacate (unless a written lease sets a different period) and then file an eviction (forcible detainer) suit. Tex. Prop. Code §§ 24.002(a), 24.005(a)-(b) |
| Utah | Under Utah's Fit Premises Act, a renter is a person entitled under a rental agreement (written or oral) to occupy a residential rental unit to the exclusion of others, and an 'owner' includes a lessor or sublessor. A roommate who is not on the written lease is a renter only if they have their own agreement with the owner or with a tenant acting as sublessor. The renter may not increase the number of occupants above the number in the rental agreement without the owner's written permission. Utah Code §§ 57-22-2, 57-22-5 | No roommate-specific statute. Utah's unlawful detainer law treats a subtenant's continued possession like the tenant's. A periodic tenant who stays after the owner (which includes a sublessor) serves notice at least 15 calendar days before the end of the rental period, or a tenant at will who stays after a notice to quit of at least 5 calendar days, is guilty of unlawful detainer, and removal goes through court. Utah Code § 78B-6-802(1)(a)-(b); § 57-22-2 |
| Vermont | A tenant is a person entitled under a rental agreement (written or oral) to occupy a residential unit to the exclusion of others. Vermont recognizes subleases between a tenant (sublessor) and a sublessee, and 'landlord' includes a sublessor. A landlord may condition or prohibit subleasing in a written rental agreement and may require the tenant to give written notice of any sublessee's name and contact information; with no written agreement, the tenant must give that notice. A person occupying a unit without right or permission who is not a tenant is outside the landlord-tenant chapter. 9 V.S.A. §§ 4451(4), (8)-(10); 4452(a)(9); 4456b | A roommate who is the tenant's sublessee is a tenant under a sublease, with the tenant as sublessor/landlord, so the chapter's notice and court eviction rules apply. If the written lease prohibits subleasing, the landlord or the tenant may bring an ejectment action against a person occupying without right or permission and may file a motion for immediate possession; the hearing may be held after 10 days' notice, and if the court grants judgment the sheriff serves a writ of possession and restores possession no sooner than five days later. 9 V.S.A. §§ 4451(4), (9), 4456b(a)(2); 12 V.S.A. § 4853b |
| Virginia | Virginia's landlord-tenant act defines three categories. A tenant is a person entitled only under the terms of a rental agreement to occupy a unit to the exclusion of others (including a roomer). An 'authorized occupant' is a person entitled to live in the unit with the landlord's consent who has not signed the rental agreement and so has no financial obligations as a tenant. A 'guest or invitee' has the tenant's permission to visit but not to occupy. A roommate not on the lease is an authorized occupant if the landlord consented, and is not a tenant. Va. Code § 55.1-1200 | No roommate-specific statute. 'Landlord' includes a sublessor, so a tenant who sublets ends a month-to-month subtenancy with written notice at least 30 days before the next rent due date (7 days for week-to-week), unless the agreement says otherwise. If the occupant stays, removal is by an unlawful detainer case; an order of possession requires the plaintiff to present a proper termination notice to the court, and the summons must be served at least 10 days before the return day. Va. Code §§ 55.1-1200, 55.1-1253(A); 8.01-126 |
| Washington | A tenant is any person entitled to occupy a dwelling unit primarily for living purposes under a rental agreement, and 'landlord' includes a sublessor. A roommate not on the lease is a tenant only under their own rental agreement with the landlord or with a tenant acting as sublessor. If the tenant permanently moves out, the landlord may serve the remaining occupants who lived with the tenant a notice requiring them to apply to become a party to the rental agreement or vacate within 30 days of service. RCW 59.18.030(18), (33), (39); RCW 59.18.650(3) | Washington requires a listed 'just cause' to end most residential tenancies, and a sublessor counts as a landlord. One listed cause applies to shared housing: where an owner or lessor shares the dwelling unit, or access to a common kitchen or bathroom, with the tenant, the owner or lessor may end the tenancy with at least 20 days' notice before the end of the rental term or period. RCW 59.18.030(18); RCW 59.18.650(2)(i) |
| West Virginia | Under the definitions in W. Va. Code Chapter 37, Article 6A, a tenant is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others (including a roomer), and a rental agreement may be written or oral, express or implied. A roommate not on the written lease can be a tenant through an express or implied agreement with the landlord. A person who is not entitled under a rental agreement and not authorized by the tenant or owner to live there is a 'squatter'. W. Va. Code § 37-6A-1(12), (16); § 55-3C-2(a) | No roommate-specific statute. A periodic tenancy shorter than a year is ended by written notice for one full period before the end of any period (three months before the end of the year for year-to-year), unless a special agreement provides otherwise. Notice to the tenant may be served on the tenant or on anyone holding under the tenant. W. Va. Code § 37-6-5 |
| Wisconsin | Wisconsin recognizes three kinds of tenancy: under a lease, periodic, and at will. A person who holds possession with the landlord's permission without a valid lease and without paying periodic rent is a tenant at will; one who pays rent on a periodic basis without a valid lease is a periodic tenant. So an occupant not on the lease can be a tenant if the landlord has given permission (or accepts periodic rent); a rental agreement may be oral or written. Wis. Stat. § 704.01(2), (3m), (4), (5) | No roommate-specific statute. A periodic tenancy or tenancy at will can be ended by either party only by written notice that states the intent to terminate and the termination date, given at least 28 days in advance (or at least one rent period if rent is paid more often than monthly); a periodic tenancy can only be ended at the end of a rental period. Wis. Stat. § 704.19(1)-(4) |
| Wyoming | No statute defines the status of a roommate not on the lease. Wyoming does not create landlord-tenant relationships by implication or operation of law, except a tenancy by sufferance. A renter may not increase the number of occupants above the number in the rental agreement without the owner's written permission. W.S. 34-2-128; W.S. 1-21-1204(a)(v) | No roommate-specific statute. Forcible entry and detainer proceedings are available against tenants holding over their terms or not paying rent for three days after it is due, and against a settler or occupier without color of title. The party bringing the case must first serve a written notice to leave the premises at least three days before filing, by leaving a copy with the defendant or at their usual place of abode or business. W.S. 1-21-1002(a)(i), (v); 1-21-1003 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.