Non authorized attentant moved in to my property
This person moved in with another relative on my property and the approved attentive moved oout. How do I get this person off my property through the eviction notice process?
Hello, Sammye, and thank you for your question.
We’re sorry to hear that you’ve been placed in this predicament. While we’d like to give you more definitive guidance, unfortunately, your next steps will be based in large part on the lease you have with your “approved tenant.” If your lease was assignable or gave the renter the right to sublease the property, they may have been within their rights to move out and have another tenant move in – so long as you keep getting rent payments on time.
If your lease was not assignable or allow for subleases, then you would also need to ensure that the lease doesn’t allow for family members to move in with them. If the lease doesn’t restrict allowable tenants to just the signor of the lease, then they may still have an argument that they didn’t violate their lease.
If your lease was not assignable, did not allow for subleases, and restricted allowable tenants to only those named in the lease, then you may have an argument that your tenant violated their lease. In this case, you may be able to move forward with an eviction. This is a legal process and the precise steps vary by state and county. You can work with a local attorney to help you through the process or start by contacting either the sheriff’s department or the clerk of courts to understand how to start the eviction process.
Again, we’re sorry that we can’t provide more concrete answers to your question. Hope this helps.
Best of luck,