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?


Asked on 4/02/07, 11:44 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 4/03/07, 12:09 am
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

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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Answered on 4/03/07, 7:25 am


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