When a living situation goes sideways, the first question almost everyone asks is the wrong one. People want to know how do I get them out before they have figured out what is this person, legally? And that second question is the one that decides everything. Whether your roommate is a co-tenant, a subtenant, or a guest determines who has the power to remove them, who is on the hook for the rent, and which legal process you are allowed to use. Get the status wrong and you can spend money on the wrong remedy, waive rights, or even break the law by trying to force someone out yourself.
This article walks through the three core categories so you can place your own situation. Keep one thing in mind throughout: landlord-tenant law is set by your state and often your city, and it changes. The framework below is the common pattern across the country, but the exact line between a guest and a tenant, and the steps to remove anyone, vary enough that you should confirm your local rules before acting.
The Co-Tenant: Everyone Signed the Same Lease
A co-tenant is someone who signed the lease alongside you. You are equals in the eyes of the landlord. Neither of you is the other's landlord, which is the single most important fact about co-tenancy. You cannot evict each other, change the locks on each other, or formally kick each other out, because neither of you holds the legal interest that would let you do that. Only the landlord, through a proper court process, can end a co-tenant's right to be there.
Co-tenants almost always share what the law calls joint and several liability. That phrase means each tenant is responsible for the entire rent, not just their share. If your roommate stops paying and moves out, the landlord can come after you for the full amount, not half. The landlord does not have to chase the missing roommate first. This is why a co-tenant who disappears can be financially devastating even though they are gone from the apartment.
So what can you actually do about a co-tenant you want gone? Your real options are negotiation, asking the landlord to remove them for a lease violation, or waiting out the lease term and not renewing together. Some people pursue a partition or buyout informally. What you cannot do is treat your co-tenant as a trespasser, because they have an equal legal right to occupy the unit. They share the protection of doctrines like the implied warranty of habitability and the covenant of quiet enjoyment right along with you.
The Subtenant: They Rent From You, Not the Landlord
A subtenant is fundamentally different. Here, you are the master tenant on the original lease, and you have rented all or part of the space to someone else. That sublease creates a landlord-tenant relationship between you and them. In effect, you have stepped into the landlord's shoes for that person.
The practical upshot is significant. If a subtenant will not leave or stops paying, you generally have to remove them the same way a landlord would, through the formal court eviction process, often called an unlawful detainer action. You file in court, you give the legally required notice, and a judge orders them out if you win. You do not get a shortcut just because you are not the building's owner. And you absolutely cannot use self-help eviction, meaning you cannot change the locks, remove their belongings, or shut off utilities to force them out. Self-help eviction is illegal in most states and can expose you to serious damages.
Subletting also carries its own traps. Many leases prohibit subletting without written landlord consent, so an unauthorized sublease can put your tenancy at risk while you are trying to manage your subtenant. And because you are now the de facto landlord, you may owe your subtenant the same duties a landlord owes, including habitability and quiet enjoyment. If your master lease ends, the subtenant's right usually ends with it, since they cannot hold more than you have.
The Guest or Licensee: No Lease, but Maybe More Than You Think
A guest, sometimes called a licensee, is someone living in the space without a lease and without paying rent in any structured tenant way. The romantic partner who moved in, the friend crashing after a breakup, the relative who came for two weeks and stayed for two years. They have permission to be there, but no formal tenancy.
The instinct is to assume a guest can be told to leave at any moment. Often that is true at first. But here is the part that surprises people: once someone has established residence, many states stop treating them as a casual guest and start giving them protections closer to a tenant's. The line is fuzzy and varies widely by state and city. Some places look at how long they have stayed, whether they receive mail there, whether they contribute money, or whether they have nowhere else to live. Cross that invisible line and you may no longer be able to simply ask them to go.
When a guest has become a resident but is not a tenant, removal often happens through an ejectment action rather than a standard eviction, though some jurisdictions funnel these cases through the same housing court. Either way, it is a court process. The same hard rule applies: no self-help. Locking out a long-term guest or tossing their things on the curb can backfire badly and turn you into the one facing penalties.
Why Status Drives the Remedy
Notice the pattern. The label is not a technicality; it is the whole game. A co-tenant can only be removed by the landlord. A subtenant is removed by you through eviction. A settled-in guest may require an ejectment. Each status routes you to a different door, and walking through the wrong one wastes time and money, or worse, lands you on the wrong side of the law.
This is also why the duty to mitigate, the duty to mitigate damages, can matter when a co-tenant leaves owing rent: a landlord generally must make reasonable efforts to re-rent rather than let the unpaid balance pile up. And it is why federal protections layer on top of all three categories. The Fair Housing Act bars discrimination in who you rent or sublet to. VAWA can protect survivors of domestic violence in covered housing even when a co-tenant is the abuser. The SCRA gives active-duty service members special lease protections. None of these go away because the arrangement is informal.
When to Get Help
If you are confused about which category your roommate falls into, that confusion is itself a signal that the stakes are high enough to get advice. A local tenant lawyer or legal aid office can tell you, for your specific state and city, where the guest-to-tenant line sits and exactly which process applies. It is especially worth a call when money is large, when someone refuses to leave, when a lockout has already happened, or when you are unsure whether your sublease was even allowed. The cost of one consultation is almost always smaller than the cost of using the wrong remedy and starting over.
Sort out the status first. The right process follows from it, and trying to skip that step is how good intentions turn into legal problems.
Frequently asked questions
Is my roommate a tenant if they are not on the lease?
Not necessarily, but possibly. If they signed a sublease with you, they are your subtenant. If they have no lease at all, they start as a guest or licensee, but once they establish residence, many states begin treating them like a tenant with removal protections. Where that line falls depends on your state and city, so confirm locally.
What does joint and several liability mean for co-tenants?
It means each co-tenant is responsible for the full rent, not just their share. If your co-tenant stops paying and leaves, the landlord can pursue you for the entire amount and does not have to chase the missing roommate first. This is the main financial risk of sharing a lease.
Can I evict my own subtenant?
Generally yes, but only through the formal court process, often called an unlawful detainer action, with proper written notice. You cannot use self-help eviction such as changing locks, removing belongings, or cutting utilities. Doing so is illegal in most states and can expose you to significant damages.
How do I remove a long-term guest who will not leave?
Once a guest has established residence, you usually cannot simply tell them to go. Removal often runs through an ejectment action or housing court, depending on your jurisdiction. As with any removal, self-help lockouts are off the table. Because the rules vary so much by location, this is a good moment to consult legal aid.
Can one co-tenant kick out another co-tenant?
No. Co-tenants are legal equals, and neither is the other's landlord. Only the landlord, through a proper court process, can end a co-tenant's right to occupy the unit. Your practical options are negotiation, asking the landlord to act on a lease violation, or not renewing together.
Why does my roommate's legal status matter so much?
Because status decides the remedy. A co-tenant can only be removed by the landlord, a subtenant is removed by you via eviction, and a settled-in guest may require an ejectment. Choosing the wrong process wastes money and can break the law, so identifying the status comes before anything else.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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