Dcfs has issued a live in with the roomrenters due to her mental issues which I wasn't aware of nor do u know this persons background nor does she pay anything we've issued already a 5 day to roomrenter what can we do about the live in?

Is it even legal or does roomrenter have to figure that issue out?

Does your tenant have a lease? Does that lease allow unrelated persons to live with the tenant? If not, evict both of them for vioation of the lease.

In any event, if you are evicting the tenant, you should be able to evict the live-in too. Give that person the required written notice.

**dcfs issued** the live in? I think dcfs issuing this you could get in trouble for discrimination if that is the only reason. Never heard of dcfs issuing-- approving yes. I think you should clear things with dcfs before anything else.

She was given her eviction notice prior to all this that dcfs allowed without our consultation

You are going to have to evict live in same way.

I'm sorry but I don't understand what "DCFS issued a live in" means. Do you mean they approved a live in companion for the tenant?

Are you the landlord? Are you renting an apartment or a room in a house/apartment to the tenant? When you say an eviction notice was issued, do you mean a vacate order or an eviction order issued by a court?

Please clarify the situation so we can advise. Also where are you located as laws vary by area.

Well technically paper that police saw states that she has to be with baby and her at all times. Is that allowable without my consultation not knowing her background? I have 2 children of my own that live with me. That's jeopardizing our safety?

I am the landlord who handed her 5 day eviction. For room renting

After her 5 days we are going through the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?

She's a roomrenter with a shared community household . Her 5 day eviction notice is legal document by the court system and has been notorized.she refused to pay rent and bills . Paraphernalia issues . Dcfs has been called upon her.

If room mate and live in have to be together at all times it seems to me that when one leaves the other will too?

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Originally Posted by Mrs14

I am the landlord who handed her 5 day eviction. For room renting

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You still didn't answer Scott's question: "do you mean a vacate order or an eviction order issued by a court?"

You are trying to evict her for what reason? What do you mean by "for room renting"? Renting a room in the premises to a sub-tenant? As I previously asked, is this prohibited by the lease?

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Originally Posted by Mrs14

After her 5 days we are going thru the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?

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And the answer to that question still hinges upon the answer to our questions. But no, assuming you can evict the tenant, you can also evict DCFS's "live-in".

For clarity, please stop being so cryptic. For the experts to answer you properly, they are going to need to know the entire situation.

Definitely too many holes in story.

The lease is legally terminated after her 5 days

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Originally Posted by Mrs14

Well technically paper that police saw states that she has to be with baby and her at all times. Is that allowable without my consultation not knowing her background? I have 2 children of my own that live with me. That's jeopardizing our safety?

I am the landlord who handed her 5 day eviction. For room renting

After her 5 days we are going thru the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?

She's a roomrenter with a shared community household . Her 5 day eviction notice is legal document by the court system and has been notorized.she refused to pay rent and bills . Paraphernalia issues . Dcfs has been called upon her.

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I merged your last 4 posts to try and get the story straight. Some were posted after subsequent replies. But you still haven't answered all the questions asked.

Ok, so you gave her a 5 day pay or quit notice because she hasn't paid the rent. Not sure what you mean by a "legal document by the court system". That is generally not the way the system works (you still haven't given your general locale). A court does not issue a vacate notice.

After you gave her the notice you say DCFS required that she have a live in to take care of the child. DCFS does not have consult you, even though this is a shared home. There is nothing illegal about it. And you don't need to know her background, DCFS would have vetted her.

However, if you obtain an eviction order from the court. Then the companion will have to vacate as well.

Sounds to me like you are concerned because you are forced to have a stranger in your home. While I understand that concern, DCFS is concerned about the child and has to provide for the child.

Now its possible that DCFS will pay the rent so you can't evict for non payment. So the next question is does she have a lease and what are the terms of that lease.

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Originally Posted by Mrs14

The lease is legally terminated after her 5 days

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Where did you get that idea? That's not the way it works in any jurisdiction I know of. The landlord gives a pay or quit notice to vacate. If the tenant doesn't vacate by the deadline, the landlord goes to court for an eviction order. This requires a hearing where both can state their case. The court will then issue an eviction order unless the tenant can show cause why they shouldn't be evicted.

Then the tenant either vacates or the landlord can hire a sheriff to physically remove them.

However, since DCFS is involved they may force you to let her stay, but they will have to pay the rent.

That's what I'm getting at dcfs may fight the eviction possibly.

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Originally Posted by N0help4u

That's what I'm getting at dcfs may fight the eviction possibly.

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Yes they may, but we would need to know more about this situation to advise on that.

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Originally Posted by ScottGem

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However, since DCFS is involved they may force you to let her stay, but they will have to pay the rent.

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That last sentence is finally getting close to where I suspect this thread has been headed all along. Simply because CDFS is a governmental agency, does not mean that it can occupy the premises without OP's permission. Either it is doing so under the tenant's leasehold or tenancy-at-will; or it is illegally trespassing. If it's the latter situation, the DCFS can be evicted like any other trespasser.

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Originally Posted by AK lawyer

That last sentence is finally getting close to where I suspect this thread has been headed all along. Simply because CDFS is a governmental agency, does not mean that it can occupy the premises without OP's permission. Either it is doing so under the tenant's leasehold or tenancy-at-will; or it is illegally trespassing. If it's the latter situation, the DCFS can be evicted like any other trespasser.

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Nothing was discussed of the " stay with roommate" with me. The lease was verbal so her word against mine but that will terminate in 5 days. Then I go to court if she refuses to leave after the 5 day eviction notice time. I know that much. What bothers me can dcfs be allowed to say who can stay at my home come into my property and my home without discussing the situation with the homeowner/ lanlord ? And am I entitled any knowledge by them plus Dcfs did not choose the "stay with roommate" the evicted did. Is that legal?

Plus Dcfs was called of her mental status plus living conditions in her rooms

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Originally Posted by Mrs14

Nothing was discussed of the " stay with roommate" with me. The lease was verbal so her word against mine but that will terminate in 5 days. Then I go to court if she refuses to leave after the 5 day eviction notice time. I know that much. What bothers me can dcfs be allowed to say who can stay at my home come into my property and my home without discussing the situation with the homeowner/ lanlord ? And am I entitled any knowledge by them plus Dcfs did not choose the "stay with roommate" the evicted did. Is that legal?

Plus Dcfs was called of her mental status plus living conditions in her rooms

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I already answered the question of whether it was legal. Yes, its your home, but the room where she lived is HER home. Unless there are lease provisions that prohibit it, then there is nothing illegal about it.

What does "DCFS did not choose the 'stay with roommate'" mean? You have to explain yourself more clearly.

So who called DCFS? What about her living conditions and mental state?

But again, if she doesn't pay or vacate within the 5 days, yes you go to court. There will be a hearing as to whether she can stay. Unless the court rules that she can (and that IS a possibility if DCFS champions her cause), then she has to vacate or you can have a sheriff remove her.

You seem to be hung up on it being your home. But when you rented space to her, you gave up a measure of control of how that space is used. You don't seem to understand that.