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    MAP1981's Avatar
    MAP1981 Posts: 3, Reputation: 1
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    #1

    Aug 12, 2008, 07:31 PM
    Rommate not on lease won't leave
    I have someone I used to be involved with for a short time who came to live with me. They never signed a lease and I never notified the landlord about them living with me. Now the person will not leave. It has been 3 months. Can I get them evicted without notifying the landlord?
    KissMe10der's Avatar
    KissMe10der Posts: 306, Reputation: 22
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    #2

    Aug 12, 2008, 07:48 PM
    You have to give them a month notice... at least that's what I was told.

    Get everything in writing. Call the police and ask what you have to do... say he isn't on the lease.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Aug 13, 2008, 07:44 AM
    Quote Originally Posted by MAP1981
    I have someone I used to be involved with for a short time who came to live with me. They never signed a lease and I never notified the landlord about them living with me. Now the person will not leave. It has been 3 months. Can i get them evicted without notifying the landlord?
    Personally, I'd recommend going to your landlord. Tell them you've been stupid and you're really sorry. And that you need help getting this person out. As a landlord I would be so much more willing to work with someone who came to me and admitted their mistake than someone who was trying to hide it.

    The question with this person is who is their "landlord" at this point. You - if they are "subleasing" from you (yes I realize they didn't sign anything), or the landlord directly. Then, once that's established, you have to figure out if their periodic (month-to-month) tenancy needs to be ended by giving notice (usually about 30 days - varies from place to place), or if there was a clear (even verbal) payment agreement that's not being followed then you could give a notice for non-payment (usually 3 - 5 days - also varies) and then follow up with filing an eviction suit.

    The problem with these questions is the answer may not be clear until you try something, show up before the judge (assuming he doesn't leave and comes to court to defend himself) and the judge says, "YOU can't evict him - the landlord would have to evict him" or something like that.

    Do you think this person would be any more likely to leave if the landlord gets involved?

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