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Saw boy · Oct 4, 2014, 08:58 AM

Hi,
I currently rented to a gentlemen who was split up from his girlfriend, so he is renting my apartment and would have his 3 children on a visitation schedule. He moved in and never told me him and his girlfriend got back together and she would be moving in also. His girlfriends brother is also here all the time with his 2 children. The tenant I rented to stated he babysits for him so he is here frequently but he doesn't live here. We share a decorative mailbox and I received the mail with the brothers name on it with the change of address label from where they used to live To this residence now. Can I evict as I never agreed to the girlfriend or her brother living here and they are not on the lease. My husband believes once we give them a 30 day notice to evict we cannot accept rent for that month, is that correct? My husband wrote the eviction letter dated 10/6/14 and because he paid October's rent said we have to give him 30 days from when rent isn't paid so November 1st he told Menotti to accept the rent payment and he will live her for the month of November for free is this correct??

AK lawyer · Oct 4, 2014, 03:50 PM

My husband believes once we give them a 30 day notice to evict we cannot accept rent for that month, is that correct?

No. If you have given him a 30-day notice for violation of the lease, he still owes you rent for those 30 days, and sure, you can collect it. But the problem is that I am not sure he has violated the lease. Does the lease, in so many words, prohibit others from living in the premises?

Fr_Chuck · Oct 4, 2014, 08:46 PM

No, you give notice, for eviction, but, they will owe money(rent) till the day they move out. So yes, they are to pay rent,

But I agree, what does the written agreement say about other people living there, If and when I rent, if there is nothing said, I can have all the people I want. Living there unless it violates some city zoning for too many people.

ScottGem · Oct 5, 2014, 07:24 AM

First, Any question on law needs to include your general locale as laws vary by area. In some areas, the law states that notice must be given 30 days prior to the start of a rental period. If that's the law in your area and rent is due on the 1st, then you cannot require him to vacate prior to the end of November.

But no, he can't live free. He would still owe for the month of November and you can apply his deposit towards it, if he doesn't pay.

I also agree with Chuck, that he might not be violating his lease. Which means he could fight the eviction. Does he have separate utility meters? If the rent covers utilities, that might give you grounds for terminating the lease if more people are living there then was intended.