What are the Legal Rights of a Property Owner When Someone Refuses to Leave Unlawfully?

As a property owner, you have fundamental rights and responsibilities, especially when dealing with individuals who refuse to leave your property, especially when they are not listed on the lease or a sublet. Understanding your legal rights and the applicable laws can help you handle such situations effectively and legally.

Legal Basis for Eviction

Evicting someone who is not on the lease or a sublet requires complying with your state's eviction laws. If an unauthorized occupant has established residence on your property, you should follow the proper legal procedures to gain possession of the property. The process of eviction varies by state and generally involves providing formal notice, allowing a grace period, and then filing an eviction lawsuit if necessary.

Establishment of Residence

For a person to be considered a resident, they must have set up their personal affairs on the premises. This includes activities such as:

Establishing utilities in their name Having personal belongings on the property Paying rent, even if not on the lease Living primarily on the property

Once residence is established, the property owner can initiate the eviction process under local and state law.

Trespassing and Legal Actions

If someone unlawfully remains on your property and is not on the lease or a sublet, their behavior constitutes trespassing. Trespassing is a criminal offense, and law enforcement can be involved to handle the situation. It is important to:

Document the trespassing behavior with photos and notes Notify the trespasser that they are subject to legal action Call the police if the trespasser refuses to leave Seek a trespass arrest if necessary

Property owners have the legal right to have a person who is trespassing removed from the property. The landlord's role is paramount, and they have the final say on who can be on the property. The tenant can only state who is listed within the lease, and any unauthorized occupants must be removed through lawful means.

Resolving the Issue

The best course of action to handle the situation is to:

Communicate clearly with the individual about their presence on your property. Provide written notice if required by your local laws. Contact local law enforcement if the individual refuses to leave. Consider legal action if the trespasser continues to refuse to vacate the property.

Legal counsel can be indispensable in such situations, as the process of eviction and dealing with trespassers can be complex and vary from state to state. Consulting with a licensed attorney can provide guidance and protect your legal interests.

Conclusion

As a property owner, it is essential to understand your legal rights and responsibilities when dealing with unauthorized occupants. The laws regarding eviction and trespassing can be intricate, so seeking professional legal advice is crucial. By following the proper legal procedures and consulting with an attorney, you can address these issues effectively and legally.

This information is provided for informational purposes and is not legal advice. If you need specific legal advice or assistance, consult a licensed attorney.