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 some states, if a person lives with you but doesn’t pay rent and doesn’t have a set date on which they must move out or pay rent, they could be considered a tenant-at-will. 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 This means filling out paperwork explaining why you want to remove the occupant from the rental unit. Many states will also want you to provide the court with a copy of the eviction notice.

There may or may not be a landlord-tenant relationship in these cases, depending on the state. Forcible Entry or Detainer 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.

These are typically the cases that come to mind when you think of the word “eviction,” and many states use the same process for removing unwanted occupants as they do for removing tenants of a rental unit. A guest is someone invited by a tenant or owner to stay for a short period of time. A guest is not typically expected to pay rent or share in utilities or other living expenses. Any other sentences required by state law to be on the notice (for example, “You have the right to contest this eviction in court.”)

These methods vary slightly from state to state, so it’s necessary to ensure that you’ve delivered the notice in the correct way. For example, in Nevada, guests are tenants-at-will and must be given a 5-day notice to leave the property and then a second 5-Day Notice to Quit for Unlawful Detainer prior to filing an unlawful detainer case in court. In other states, even if the landlord was aware that others were staying with you, they may still have to be the one to file the eviction action with the court.

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. Appeals can take a few weeks to a few months, and may require additional filing fees, depending on the state. Evicting Someone Not on the Lease In New Jersey, a Writ of Possession Action can be filed only if there’s no landlord-tenant relationship AND there’s no domestic abuse case between you and the other party. Trespass Finally, if the judicial officer issues a ruling stating that the unwanted occupant doesn’t have to move out of the property, you (or the landlord, if you’re renting) could file an appeal.