Ask Me Help Desk - Eviction without a lease

I own a duplex and had one tenant there. I've been ill and not present for about 2 months. When I returned I was informed she moved a friend in because she alone could not afford the rent. Now she wants her friend out and I want them all out.

We don't have a signed lease agreement. I smell what I think is marijuana at times. What is the proper and most quick way to get them out? I don't even know the friend's name.

Local laws apply, and they have rights but a verbal notice to get out works for some followed up by a formal notice of eviction in writing. If that yields no results then visit your local court house for more drastic and time consuming legal options.

There is also the threat of calling cops when you smell pot in YOUR owned apartments.

What state?
State laws apply re: owner-occupied buildings, cannabis, allowable extra tenants, and so on.

Since there is no lease, then there is no prohibition against having a roommate. So it doesn't matter that she moved in a roommate. Also without a lease, you can terminate her tenancy at any time as long as you follow local laws.

As far as her getting her roommate out that is no concern of yours. She is her roommates landlord and the roommate her tenant. So if she wants the roommate out she has to follow the same rules to evict the roommate.

So if you want them both out, you have to deal with your tenant not her roommate.

Since you neglected to let us know your general locale, we can only speak generally. You start with a letter to vacate. I would word it like this:

To <tenant's name>

This is to inform you that your tenancy is being terminated effective <insert date>. Please vacate the premises at <insert address> prior to that date. This vacate notice applies to you and any persons living with you.

Failure to vacate will result in legal action to evict you.

The date you use will depend on local laws. Usually its 30 days, but may have to be one rental cycle or some other period.

The type of unit may also affect the time frame. You refer to a duplex, does that mean a 2 unit home or a duplex unit in a condo complex or what.

Without a lease, you have no rules against your tenant having another person. (general rules, local laws apply). So your tenant will need to evict them. You have no legal connection with them, only with your tenant. The new person is in reality a tenant of your tenant. So your tenant must tell them to leave and evict them if they do not.

Or you can evict both of them.

Thanks for the responses. I live in SC.

Hello

I've looked into this and just like the others have said , Local Law still applies even without a lease which in your case would be South Carolina Residential
Landlord-Tenant Act of 1986.

So in theory as per the document I found , you would need to go to court to have them evicted.

( https://appleseedlegaljusticecenter....in-sc-2012.pdf )

As for the Roommate of your Tenant like the others have said without a lease your tenant can move anyone in also you have nothing to do with that tenant so if your tenant wants them gone , then he / she would need to go down the same road and have them evicted, just like you need to, to have them both evicted.

BTW as Scott posted , 30 days I believe is the maximum , though I believe for your state it's a two week notice.

So yes I would write the letter stating after 14 days they're getting evicted ( hopefully make them leave quietly ) and if they have not left by then , go to court to have them evicted.

Unfortunately the eviction process could take even longer , so the total time to get them out could be well over a month.

Furthermore and as a note.

Next time I suggest you make a lease with any tenant. You can place in Clauses which can bypass going to court to have the tenant evicted.

A few such clause for non court eviction are " if you are convicted or arrested for a crime " , " inconsistent rent payment or are behind " , " Serious damage to property " etc though remember must follow law.

Note you must though know the amount of time a court ordered eviction takes place over and as a generally rule for myself add 7 days I.E if a court ordered eviction takes 14 days, I give 21 days.

Quote:

Originally Posted by Dchdman

BTW as Scott posted , 30 days I believe is the maximum , though I believe for your state it's a two week notice.

So yes I would write the letter stating after 14 days they're getting evicted

SC law states the notice period is 30 days unless there is a violation of tenancy rules which doesn't appear to be the case here. There are provisions for a 5 day period if rent hasn't been paid and a 14 day period if there is other issues, like damage to the property or illegal activity.

The letter should NOT state they are getting evicted. The letter should give them notice "to vacate" by the specified date. The letter can state that if they do not vacate you will start formal eviction proceedings.