Legal Question in Real Estate Law in West Virginia

Roommate issue

I have a roommate who has had her boyfriend move into the house without talking to me or the landlords. She gave him keys; he stores his things, uses the utilities without monetary compensation and has gotten mail at the house. She has been given notice by the landlord to be out in 30 days for not paying last month’s rent and several other reasons. She has also been told by the landlord that he is to turn in his keys and vacate immediately. He was never one the lease or given permission to move in. However there is nothing in our lease about allowing others to move in or the duplication of keys. I want him out and her. We know our legal ability to deal with her but not with him. What if he will not go? Can I call the police and have him removed?


Asked on 10/21/07, 5:19 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Roommate issue

The police are not going to assist you with a self-help eviction and you don't have standing to evict your roommate or your roommate's b.f. because you are a tenant, not the landlord.

There is a gray area around tenancies that are not really contractual but more opportunistic. Chances are a court would not find that he's a trespasser, but a tenant by sufferance (they didn't object asap) and thus entitled to notice and due process.

I know this must seem overly formal but it's due process and it is your landlord's problem.

Hope this helps. Elizabeth Powell

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Answered on 10/21/07, 11:22 pm


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