Legal Question in Landlord & Tenant Law in Virginia
tenant of rental property/landlord
the lease for the apartment i live in is in my name. however, my room mate is listed as a tenant. can i legally ask her to vacate, or must i consult our landlord first?
2 Answers from Attorneys
Re: tenant of rental property/landlord
If you're referring to a sublease between you and the "tenant", you could terminate the sublease according to whatever terms in the sublease are applicable.
However, if this person whom you refer to as a tenant is in fact a co-tenant
with you on the primary lease, then you would have no authority to summarily terminate his or her right of occupancy; that right of action would be up to your landlord which would be subject to the terms and conditions specified in this primary lease.
Re: tenant of rental property/landlord
I am unsure of what you mean. A "tenant" is usually one who is obligated ( or co-obligated) for the lease payments and other terms. If, you are the only one obligated to make payments, etc. , perhaps your room mate is an "occupant"?
You may wish to review this with an attorney.
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