Any other sentences required by state law to be on the notice (for example, “You have the right to contest this eviction in court.”) If a guest refuses to leave, it may be more difficult to get them to move out, depending on which state you live in. 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 In many states, if the landlord wasn’t aware that you had someone staying with you, or the landlord didn’t give you permission to have others stay with you, then your landlord can legally evict them. (They might be able to evict you, too, if your lease prohibits unauthorized guests or roommates.) In those states that require a court hearing to remove the unwanted party, the person who filed the court case is required to attend the hearing or the case will be dismissed.

It’s possible that the court will rule that the unwanted occupant doesn’t have to move out. In that case, depending on the reason for the ruling, you or your landlord (if renting) may be able to file a new court case. While the law varies from state-to-state, it could be as easy as calling law enforcement. In many states, you’ll to go through the courts before the unwanted roommate can be removed from the house. 6 Steps to Evict a Roommate Not on the Lease With this new onslaught of murder content leading to a landscape of desensitized viewers, TV shows have sought out particularly unique angles to depict homicide. Some of these angles are more successful than others, but it’s hard to remember a recent one less effective than Netflix’s new docuseries Worst Roommate Ever.For example, if you didn’t properly serve the party with the eviction notice or summons and complaint, you could file a new case, making sure to properly serve them this time around. If you don’t live in a state that allows law enforcement evictions in these situations, you (or more likely your landlord) will need to file some type of court case to get the party removed.

This means filing a notice of appeal as soon as possible after the original court makes its ruling. Most states have an appeal deadline, giving anywhere from a few days to about a month after the ruling is issued to file an appeal. In both Oklahoma and Kansas, for instance, landlords can pursue trespass actions against a tenant’s roommate, guest, family member, or other occupant who is not on the lease. File Court DocumentsIn Tennessee, for example, “unauthorized” persons must be given a 3-Day Notice to Quit. However, a few states, like Indiana, don’t require prior written notice in these cases. Forcible entry or forcible detainer cases are often defined as someone entering the rental unit either peacefully or forcefully, but who now refuses to leave. If your landlord filed the court case, the landlord will be required to attend the hearing. It’s still a good idea for you to show up, even if you’re not required to attend, because you could be called as a witness or have additional evidence to offer the court. If the Court Rules in Your Favor 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. Depending on the state, you may be required to serve a copy of the eviction complaint and a summons to attend the hearing on the person you want to remove.