If there is a 3rd person living in a 1 bd apt and not on the lease, can the landlord have him arrested? If not how long would the 2 people who are on the lease have until having to move?

Depends on your lease and local laws (ANY question on law needs to include your general locale as laws vary by area).

However, the landlord can't have anyone arrested unless they violate criminal laws. If the lease specifies only 2 occupants, then the landlord can terminate the lease forcing all of you to vacate for violating the lease. How long this would take depends on information you didn't provide.

Well we are in Alabama. My son went to live with my other son and his girlfriend in a one bedroom apt. They have all been splitting rent and never caused any problem.. Landlord is coming everyday and threatening to have my son who moved in arrested. The lease was up in Sept. and he was going to let them rent a bigger apt and never said anything about it then. He knew back when my son was living there and never said a thing!

My son moved into a 1 br apt with my other son and his girlfriend. We live in Alabama and they have always paid rent on time splitting it 3 ways. The lease was up in Sept so the Landlord tried to let them have a bigger apt. knowing full well my son was living with them and never said a thing. It never went through so now after all this time he is threatening to have my son arrested while nothing has ever happened as far as trouble. He is threatening to have my son arrested and while the lease is up, how long do they have before being put out of the apt?

He can't have him arrested! He's broken no law. If the lease expired in Sept, then they are month to month tenants. The LL can give them 30 days notice to vacate. Doesn't matter that the LL had prior knowledge of the lease violation.

Please don't post multiple threads for the same question. I've merged your threads for you.