Can I move my roommates stuff to a different room if he’s not on the lease or pays rent?
1 attorney answer
It is hard to follow the exact relationships here but it sounds as if you are subletting part of your rental. If so, it may well be in violation of your lease and subject all of you to potential eviction. If one or more of the roommates pays rent to you, you are his landlord with all the attendant obligations and potential liabilities (if he gets evicted because you have unlawfully sublet, he can come after you for a variety of potential claims). That said, is the non-paying roommate supposed to be paying and just isn't or is he a guest? If he is supposed to have been paying, he may well have tenant rights which you can not just arbitrarily ignore or change. If he is a guest, then he likely has few rights (though you still cannot evict or eject him without going through court) and you likely can move his property so long as you do so utilizing reasonable care.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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