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needinfo08 · Nov 1, 2008, 03:37 PM

Hi,
I have a tenant with a lease. He want a roommate. The roommate was to pay $300 on the 1st but doesn't have it. The roommate has moved in and has no money and is threathening the tenant. Is he a trespasser? Does he have any legal standing? How do I get rid of him?

Thanks

Ranthorn · Nov 1, 2008, 04:02 PM

Now I don't know all the info but if the roommate has no contract with you then I think that the roommate has any legal stand I think you can go to the police to get him removed from the premisis but don't just go off my word check with your local authoritys.

ScottGem · Nov 1, 2008, 05:15 PM

If this person did not sign the lease then you have no legal standing. He is your tenant's tenant and your tenant has to evict him.

If he did sign the lease, then he is a tenant and you have to go through the eviction process.

needinfo08 · Nov 1, 2008, 05:53 PM

Originally Posted by ScottGem

If this person did not sign the lease then you have no legal standing. He is your tenant's tenant and your tenant has to evict him.

If he did sign the lease, then he is a tenant and you have to go thru the eviction process.

Your kidding? I have no legal standing for my own property. Shouldn't this guy be considered a trespasser? He hasn't paid. He doesn't have a contract with me or the real tenant.

It just seems strange. I can give someone $200 bucks, move in and never pay again. Then he has to go through the expense of evicting me?

Thanks

needinfo08 · Nov 1, 2008, 05:54 PM

Originally Posted by Ranthorn

now i don't know all the info but if the roommate has no contract with you then i think that the roommate has any legal stand i think you can go to the police to get him removed from the premisis but don't just go off my word check with ur local authoritys.

Thanks, I guess the police will know either way.

ScottGem · Nov 1, 2008, 06:34 PM

Originally Posted by needinfo08

Your kidding? I have no legal standing for my own property. Shouldn't this guy be considered a trespasser? He hasn't paid. He doesn't have a contract with me or the real tenant.

It just seems strange. I can give someone $200 bucks, move in and never pay again. Then he has to go through the expense of evicting me?

Thanks

No, I'm not kidding. Before you become a landlord you should become familiar with the rules. You have a lease with your tenant. If he chooses to have a roommate and the lease allows, then his relationship with the roommate is as landlord. If he doesn't sign the lease then you have no legal standing. You can evict them both if you can find a reason, but its not up to you to evict HIS tenant.

The police will not get involved here. This is a civil, not a criminal matter. If the roommate can show any proof that he had a rental agreement they can do nothing.

needinfo08 · Nov 1, 2008, 07:54 PM

Originally Posted by ScottGem

No, I'm not kidding. Before you become a landlord you should become familiar with the rules. You have a lease with your tenant. If he chooses to have a roommate and the lease allows, then his relationship with the roommate is as landlord. If he doesn't sign the lease then you have no legal standing. You can evict them both if you can find a reason, but its not up to you to evict HIS tenant.

The police will not get involved here. This is a civil, not a criminal matter. If the roommate can show any proof that he had a rental agreement they can do nothing.

This is part of the lease agreement and I did not consent:

"Tenant shall not assign or sub-let or allow any other person to occupy the leased premises without Owner's prior written consent."

Does this make him a trespasser? The tenant assumed a role he did not have authority to assume.

Thanks again

Fr_Chuck · Nov 1, 2008, 09:41 PM

NO he is not and can not be a trespasser he is there with permission of the renter.

So you now have two problem, one your renter is in violation of his lease, so you can evict your renter, So you can give the renter a notice to remove his illegal sub-renter. And if he does not, you may then evict your renter.

But the new person is the problem of the renter, who is suppose to have to evict them.

Again you will find a lot of landlord laws tough, often not fair ( or it will seem) also you will find that if you don't run this as a business you will have more problems.

So you need to take time and learn more and more about tenant law, since depending on the type and level of the rental, you will have to deal with people not paying, people doing illegal things, and more.

So get the trespasser out of your mind, you will almost never have a trespasser if they moved in with someone's permission.

ScottGem · Nov 2, 2008, 10:16 AM

Originally Posted by needinfo08

This is part of the lease agreement and I did not consent:

"Tenant shall not assign or sub-let or allow any other person to occupy the leased premises without Owner's prior written consent."

Does this make him a trespasser? The tenant assumed a role he did not have authority to assume.

Thanks again

Now you are saying you did not consent, in your original post it seemed to be that you did consent.

Chuck's answer is correct. If you did not consent then you can evict YOUR tenant for violating the lease. You can give him notice to fix the violation, but doing so is his responsibility. This person is there at HIS invitation therefore you have no legal standing to get involved with him.