How to Legally Remove a Non-Lease Tenant: A Comprehensive Guide
If you find yourself in a situation where a roommate has moved in without being on your lease and has stopped paying rent, taking the right legal steps is crucial to protect your rights and eventually remove the non-lease tenant from your apartment. This process can be complex, but with the proper guidance, it can be managed effectively.
Understanding the Situation
Illegal Squatters or Subleasing? If the non-lease tenant has been occupying your apartment without being a named party on the lease, they are likely considered an illegal squatter. Alternatively, if you have sublet the apartment without the landlord's permission, you are likely in breach of your lease agreement. Both situations can lead to legal complications, and in the latter case, you may not have the legal right to get the tenant out without the landlord's assistance.
Legal Steps to Evict
1. Verify the Lease Agreement. Start by reviewing your lease agreement. Ensure that it clearly defines the responsibilities and rights of tenants, including payment terms and lease terms. If it does not specify the rights and responsibilities of the tenants, it may be advisable to have your lawyer facilitate an amendment or addendum to the lease agreement.
2. Send a Pay or Quit Notice. In many jurisdictions, you are required to serve a formal notice to the non-lease tenant specifying that they have until a certain date to either pay the outstanding rent or vacate the premises. This is typically called a 'Pay or Quit' notice. Make sure to provide the non-lease tenant with this notice in writing, and send copies to your local courts just in case the matter goes to court.
3. Gather and Present Evidence. Keep detailed records of all communications with the non-lease tenant, including emails, texts, and letters sent. Documentation of rent payments, lease agreements, and any previous communications will support your case in court.
4. File for Possession. If the non-lease tenant does not comply with the Pay or Quit notice, file for possession via an illegal detainer suit or small claims court. Include evidence of non-payment, the amount of past due rent, court costs, and any legal fees in your filing. Do not accept any payment less than the full amount due unless your state specifically allows it. Always verify this beforehand.
5. Attend the Hearing. Attend the hearing at the court date to present your evidence of non-payment. Once you've obtained a judgment, wait for the tenant to vacate the premises by the court-ordered date. If the tenant does not move by the court-ordered date, request the sheriff to physically evict the tenant.
6. Change the Locks. Once the tenant has been evicted, change the locks on the apartment to secure it until you can rent it out again. Consider changing the locks even before requesting sheriff assistance to prevent any further disputes or damage.
Contacting Legal and Support Services
Consult a Lawyer. If you are unsure about the steps involved or the legality of the situation, it is highly advisable to consult a lawyer. They can provide tailored advice based on the laws in your jurisdiction and help you navigate the legal requirements.
Landlord Tenant Support Groups. Reach out to local landlord tenant support groups or legal aid organizations for guidance. These groups can offer valuable advice and sometimes even provide free legal assistance.
Preventing Future Issues
To avoid such situations in the future, ensure that any roommates or subtenants are legally added to the lease agreement before moving in. Check that you have your landlord's permission before subletting the apartment. This can help prevent similar legal disputes and ensure that everyone is on the same page regarding their obligations.
Conclusion
Managing a non-lease tenant who has stopped paying rent can be challenging, but taking the right legal steps can help resolve the issue effectively. By sending proper notices, gathering evidence, and following the legal process, you can work towards resolving the situation amicably or through legal means. Remember to consult a lawyer and seek local support services to ensure you are taking the most appropriate actions.