I am renting my basement out to a girl for $300 per month. She has let her boyfriend move in without my permission. He drinks, is rude and selfish and they scream and fight. What can I do to make him leave? He gets mail in his name to my house.

Even though you do not have any kind of agreement with him he is considered a tenant. You have to give him a written notice that his tenancy is terminated and he must move out within 30 days. (Some states have a shorter time. Let us know where you are and we can look it up for you.)

If he hasn't moved out within the time then you have to file a lawsuit for eviction.

How long has he been there? Do you have a lease with the girl that specified she couldn't have anyone else move in?

I'm not sure you can evict him since he isn't your tenant. You would have to evict the girl.

You may be able to serve the girl a repair or quit notice since she may have breached the rental agreement. You can then tell her to have him move out or they both have to move. If he doesn't, then file for an eviction.

Of course she can evict him, Scott.

What if she were to evict the girl and the guy decided he didn't want to leave? Do you think the landlord's right to evict him arises only after the girl has left?

Yes, if there is a written agreement between the landlord and the girl specifying no other occupants then she can give the girl a violation notice and (probably) 10 days to get him out, and evict her if he hasn't left. But if there's no written agreement with the girl then the landlord has to follow the termination of tenancy route.

If you don't have a contract that says otherwise and they are not violating a law then there is nothing that you can do, within the law.

If you don't have a contract that says otherwise and they are not violating a law then there is nothing that you can do, within the law.

That is totally wrong. Without a written lease they are month to month tenants and their tenancy can be terminated with a month's notice.

I'm still not sure the OP can evict the boyfriend separately. I think she has to evict them both.

Sorry, you can evict him, which is normally a 30 day process, but there is nothing you can do to get him to leave immediately unless he is violating a law or some renter's contract.

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What if she were to evict the girl and the guy decided he didn't want to leave? Do you think the landlord's right to evict him arises only after the girl has left?
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The LL should sue anyone occupying the premises, including the BF.

Now, once she gets a writ of possession, she could tell the sheriff not to enforce it against the original tenant, if she wants, I suppose.

As a landlord, this is a issue with the tenant, it is doubtful if this was a sober boyfriend who did not cause trouble, there would be a issue. So notice is given to the renter and both are evicted if the issue is not cleared up.

Sorry, you can evict him, which is normally a 30 day process, but there is nothing you can do to get him to leave immediately unless he is violating a law or some renter's contract.

Thank you for trying to help our members. However, as you are new here, you may not understand some of the dynamics of this site. We take pride in the accuracy of our advice here. In certain forums (like the law forums) answers are more technical. Often there are correct and incorrect answers. In the legal forums especially, responses need to conform to statutory law and actual practices. Unfortunately your answers here and other threads haven't. In the future, please exercise more care to ensure your answers meet the standards of this site.

If you don't have a contract that says otherwise and they are not violating a law then there is nothing that you can do, within the law.


You continue to post very inaccurate "legal" information. What is your basis for this opinion? I can find nothing along these lines.

Correct me if you know something I don't know -

Hi, This is Saffron 123 here. The girl has no lease or contract, it is by a month to month basis. He has been there less than 2 months she has been there 3 years. I found out the correct term is boarder. She rents the basement. It will take time and money to get them out.
I want to thank everyone for their answers.
I think it is going to be a long time before I trust anyone again. He is living in my home against my wishes and won't leave. He is 30 years old and I have to support him? I will have to pay to evict him, starting tomorrow with a five day notice.I wonder if I have to evict them separately and pay twice as much? It will take at least 30 days after the court date to hire a policeperson to get him out. Why does the law protect squatters? (Just venting now because it doesn't seem fair).
Thanks again everyone, I really appreciate your help!

The law doesn't protect squatters it protects tenants. Unfortunately, the definition of a tenant can be very loose.

Do you have a deposit from her? You may be able to use the deposit to cover the legal costs to remove them. Those costs should not be vary high though.

Does the basement have a separate entrance? Does its have its own bathroom and kitchen? If it does, then she's not a boarder. A boarder is someone who rents a room. They are given access to a bathroom, not have a private one. Nor a private entrance.

Why do you say you are supporting him? Other than maybe increased utility costs, he shouldn't be costing you anything.

A 5-day notice is typically used when rent has not been paid. If that's going to be the basis of your notice then you should be aware that they can nullify that notice by paying all amounts that are due.

Do you want to evict both of them? The safest way to do so is to give them both a written notice that their tenancy is terminated and they have 30 days to vacate. If they haven't moved out within that time then you file a lawsuit for eviction and name both of them in the lawsuit.

Good luck!

Lisa is right, but a 5 day MAY be used if there is a breach of the lease. Since there is no written lease, it may be hard to use the 5 day. But since you rented only to her, you might make it fly that she is breaching the lease by having someone else move in.