How to Legally Remove a Roommate Not on Your Lease in Alabama

If you're a renter in Alabama and have a roommate who is not listed on your lease but needs to move out, it can be a confusing process. While it may seem simple because the person isn't officially a tenant, Alabama law still requires you to follow certain legal steps. Here’s what you need to know about handling this situation lawfully and efficiently.

Understanding the Status of Roommates Not on the Lease

A roommate not named on the lease is generally considered an "unauthorized occupant" or sometimes a "guest." However, if they contributed financially or lived in the unit long enough, they could establish certain rights and may not be removed without following legal eviction procedures under Alabama law.

Your Legal Responsibilities as the Primary Tenant

If you're the tenant on the lease, you bear responsibility for who lives in your rental. The presence of an unauthorized occupant can violate your lease terms or risk your own tenancy.

• Check your lease agreement for any clauses about subletting or additional occupants.
• Communicate with your landlord about the situation if needed.

Many landlords require all adult residents to be listed on the lease or approved as official occupants.

How to Remove a Roommate Who Isn’t on the Lease in Alabama

Alabama law does not allow "self-help" evictions, such as changing locks or removing belongings, even if your roommate is not on the lease. The proper way is to follow a legal eviction process similar to that required for tenants.

• Start with a written notice to vacate—this gives your roommate formal notice to move out.
• If they refuse to leave, you must file for an unlawful detainer action (the legal eviction process) in your local District Court.

The unlawful detainer process is overseen by Alabama’s District Courts, which handle residential tenancy matters.

Step 1: Serving Written Notice

First, issue a written demand for your roommate to leave. Alabama law typically requires a 7-day notice to vacate for non-tenants.^[1] While there is no state-mandated form, your notice should:

• Clearly state you want them to vacate by a certain date (at least 7 days from delivery)
• Be delivered in person or by certified mail for proof

Step 2: Filing the Unlawful Detainer (Eviction) in District Court

If your roommate refuses to leave after the notice expires, you must file a formal court action. Use the Unlawful Detainer/Eviction Complaint (Form C-30) available from Alabama’s District Courts.^[2]

• Download Form C-30 - Eviction Complaint
• Submit the form to your county District Court and pay the required filing fee.
• The court will provide instructions for serving the complaint on your roommate.

After a court hearing, if the judge rules in your favor, your local sheriff can enforce the eviction.

Relevant Legislation

The legal process is governed by the Alabama Uniform Residential Landlord and Tenant Act, Ala. Code Title 35, Chapter 9A.^[1]

Tips for Renters

• Never remove your roommate's belongings or restrict access without a court order—this is illegal "self-help."
• Maintain open communication and try to mediate issues before moving to legal action.
• Document all steps taken and keep copies of correspondence.

While the process can be stressful, following legal procedures helps protect your own rental rights and avoids further complications with your landlord.

FAQs About Removing a Roommate Not on the Lease in Alabama

1. Can I just change the locks to remove my roommate?
   No. Alabama law prohibits "self-help" evictions. Only law enforcement can remove someone following a court order.
2. Does my landlord have to get involved?
   Not necessarily, but you may be required to inform your landlord of all occupants. Follow your lease agreement and consult your landlord if unsure.
3. What if my roommate threatens me or damages property?
   Contact local law enforcement immediately if you feel unsafe or experience property damage. Criminal matters are separate from eviction.
4. Can I use a written agreement between me and my roommate in court?
   Yes. Written roommate agreements may support your case in eviction court, especially regarding who is entitled to stay or possession of the property.
5. How long does the eviction process take in Alabama?
   The process may take anywhere from two weeks to over a month, depending on court scheduling and whether your roommate contests the eviction.

Key Takeaways

• Serve a written 7-day notice before any legal action.
• File an unlawful detainer action in District Court if your roommate doesn't leave.
• Never use "self-help" eviction methods—follow the law to protect your rights as a renter.

Understanding and following Alabama law is essential to avoid legal or financial risks when evicting a roommate not on your lease.

Need Help? Resources for Renters

• Alabama Attorney General Consumer Protection Division – For tenant rights questions
• Alabama Access to Justice Commission – Free or reduced legal aid resources
• Alabama District Courts Directory – Where to file eviction/unlawful detainer
• Alabama Uniform Residential Landlord and Tenant Act

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1. See Alabama Uniform Residential Landlord and Tenant Act, Ala. Code Title 35, Chapter 9A.
2. Form C-30 – Eviction (Unlawful Detainer) Complaint

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