How can I evict a person who isn’t on the rental agreement? Does she have the right to stay on the property?
We leased our property to these two ladies, both named on the lease agreement. One of the ladies moved out and so a new roommate was brought in. We, the owners need to move back into the property. We have given them 30 days notice. The lady named on the rental agreement has moved out, the new roommate not on the rental agreement has decided she needs another 30 days. Now she has stated she will get an attorney, so she can fight us and stay on the property. What can we do??
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Tags: Lease Agreement, New Roommate, Rental Agreement
lease property | , 4 Apr 10
By princess_dnb, April 6, 2010 @ 4:42 am
If she has no agreement with you then she has no case. Even if she tries to claim that she had a verbal agreement with you, that only gets her a month to month tenancy. That means you can give her 30 days notice and she has to get out. Take her to court and get her out.
By bartzan41, April 7, 2010 @ 3:24 am
You own the property, she has no contract with you. This makes her an illegal occupant, call the cops and have her removed from your property.
By mary h, April 9, 2010 @ 4:50 am
she actually has no agreeement with you, but that doesnt change the fact that shes living there and you will need to legally evict her either way. she is considered a squater to some extent – and she may be given time to leave so you need to go and file the paperwork for eviction ASAP.
- she will receive the letter and be given the option to leave within usually 30 days, or the option to fight it in court where the case will be heard within a couple of weeks. chances are she will leave and your problem will be over soon enough, but if she wants to fight it- as the other person said- she dont have a case so she will be told to leave usually immediately, the only things that might drag on her stay in the apartment would be if she has children or is elderly or disabled. either way you have to follow through with the actions of a legal eviction, and whatever the outcome just make sure you show up to the court dates assigned, and your problem will over as soon as possible.
ps as long as she has anything that belongs to her in the apartment – the cops will not and can not tell her to leave.
By Serendipity III, April 12, 2010 @ 7:10 am
if there is no lease, than the tenancy is by default on a month to month basis. You only need to give here 30 days notice.
By bytm, April 14, 2010 @ 12:56 pm
If she is not on the lease then she is trespassing. Call the police, confront her infront of the police and have them ask her to leave. Tell her to her face that she is banned from the property. This way if you call the police back out for her still being there they can legally arrest her for trespassing.