If the roommate pays rent directly to you, then they may actually be viewed as a tenant or subtenant, even if there’s no formal agreement calling them a “tenant.” Guest If you believe the court made an error in reaching their decision, you (or the landlord, if renting) could file an appeal, explained in step 6 below. 6. File an Appeal If a guest refuses to leave, it may be more difficult to get them to move out, depending on which state you live in. If your landlord filed the court case, the landlord will be required to attend the hearing. It’s still a good idea for you to show up, even if you’re not required to attend, because you could be called as a witness or have additional evidence to offer the court. If the Court Rules in Your Favor

As a first step in those states, you’ll most likely be required to give the person a written eviction notice before filing the court case. Typically, a roommate is someone who shares living expenses, such as rent and utilities, with you. Roommates are often named on your rental agreement as co-tenants if you’re a renter, but not always. If your roommate is named on a rental agreement with you, talk to your landlord about why you feel they should move out. If the landlord agrees, they can file an eviction action against your roommate. Different states have different rules in place for evicting someone who won’t leave depending on whether or not they pay rent, have a signed written agreement with you, and whether you own or rent the property they’re staying in. The fact that if the person doesn’t move out within a certain time frame (as determined by your state’s laws) you’ll file a court case to remove them from the property

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These methods vary slightly from state to state, so it’s necessary to ensure that you’ve delivered the notice in the correct way. It’s important to get this right, since some case types can only be filed if there’s never been a landlord-tenant relationship, and others can only be filed if there has been a landlord-tenant relationship. If you file the wrong case type for your circumstances, it could be dismissed. Unlawful Detainer, Wrongful Detainer, Eviction, or Summary Possession Actions This means filing a notice of appeal as soon as possible after the original court makes its ruling. Most states have an appeal deadline, giving anywhere from a few days to about a month after the ruling is issued to file an appeal. Forcible entry or forcible detainer cases are often defined as someone entering the rental unit either peacefully or forcefully, but who now refuses to leave.

Typically, a subtenant is someone who formally rents living space from a tenant who’s already renting the unit from someone else. You’ll typically be given a deadline to do this by, and if you fail to ensure the party has received a copy of the summons and complaint within that deadline, your case could be dismissed. They’re also the only case type on this list that’s criminal (not civil), and as a result, the person could also face jail time in addition to being removed from the property.Note that in most states, a ruling in an eviction case can only be overturned if the lower court made a legal mistake in arriving at its judgment, like not allowing witnesses when the law requires it, and has nothing to do with whether you (or your landlord) liked the outcome of the case or not. In Tennessee, for example, “unauthorized” persons must be given a 3-Day Notice to Quit. However, a few states, like Indiana, don’t require prior written notice in these cases. Often, there’s a written agreement between the tenant and their subtenant specifying the rent amount, what part(s) of the rental unit the subtenant can have access to, and how long the subtenant will be renting from the tenant, but not always.