Is it possible to evict a roommate from a rental?

Erin Eberlin wrote for The Balance Small Business, covering rental management, tenant acquisition, and property investment. She has more than 16 years of experience in real estate. Tenants don’t become roommates intending that one of them will face eviction in the future, but it often happens.

When does a landlord need to evict a person?

The specific procedure must be used when a landlord wants to evict a person using his/her property for housing purposes (for example, staying in his/her house, flat, room or similar structure). When may a person be evicted from the property s/he is staying on?

Can a landlord evict a tenant without a court order?

The Constitution provides that no person’s property may be taken away from him/her and that no person may be evicted from his/her home without a court order. This means that an owner or a person in charge of a property (“landlord”), must apply to court before evicting a person (“tenant”) from his/her property.

Can a person be evicted during a lockdown?

The amended Regulations issued in terms of section 27 (2) of the Disaster Management Act dated 16 April 2020 [Regulation 11CA] states that “no person may be evicted from their place of residence, regardless of whether it is a formal or informal residence or a farm dwelling for the duration of the lockdown.”

Can a landlord file to evict a roommate?

It’s possible that the landlord might file to evict the master tenant and agree to rent to you after the master tenant has been evicted. Your roommate must have violated a clause in the lease agreement or the separate roommate agreement you signed.

Can a tenant who shares a bathroom with the owner be evicted?

A tenant who shares a kitchen or bathroom with the owner or the owner’s family does not have a legal right to remain living on the premises without the owner’s consent, and can usually be evicted at any time without notice.

What’s the legal way to evict a tenant?

When you rent out a property that you own but don’t live in, you are a landlord and the renter is your tenant. Following state protocol means there is legal basis, meaning reasons, for the eviction. Written notice to the tenant to vacate is required. The notice states your reasons for the eviction.

What are your rights when renting a room in a house?

Tenant’s Right to Privacy. An owner who lives in the house has the right to enter the room you are renting at any time of the day or night for any reason. However, the homeowner cannot harass you or take your possessions.