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    cen84's Avatar
    cen84 Posts: 2, Reputation: 1
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    #1

    Apr 4, 2011, 07:15 PM
    How do you evict roommates
    My husband & I rent a house that is two apartment units. We live upstairs & my sister moved in downstairs with her boyfriend. My sister is the tenant, not her boyfriend. My husband & I want her boyfriend out. He is disrespectful & does not respect us as landlord. My sister works & her boyfriend does not. Our landlord told us that we are in charge of the tenants that move in. We do not have a written lease with my sister. My sister was at work & my husband and I went away for the evening & when we came home our electric was turned off to our kitchen & bedroom. Since they live downstairs they have access to the basement. We are not saying he tuned off the electric but no one else was here. We are not sure what our legal rights are. My sister is more than welcome to stay & we do not want her to go. We are trying to not get the authorities involved.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 4, 2011, 07:24 PM

    Sorry you can not evict boyfriend, if the sister does not want him out, she is allow to have her boyfriend if she so desires.

    You can evict both of course.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 4, 2011, 07:50 PM

    The boyfriend is a guest or tenant of your sister. Since you have no lease with her she is not violating the lease by having a roommate. This all means SHE has to get him to leave, you have no legal standing to do so. So you have to tell her, either he goes or they both go. If she refuses to get rid of him, then you have to terminate her tenancy.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 4, 2011, 10:35 PM
    Quote Originally Posted by ScottGem View Post
    The boyfriend is a guest or tenant of your sister. Since you have no lease with her she is not violating the lease by having a roommate. This all means SHE has to get him to leave, you have no legal standing to do so. So you have to tell her, either he goes or they both go. If she refuses to get rid of him, then you have to terminate her tenancy.
    So evict both of them and, if you choose, let your sister lease it. But next time put the terms in writing, e.g.: a lease.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 5, 2011, 03:17 AM
    Quote Originally Posted by AK lawyer View Post
    So evict both of them and, if you choose, let your sister lease it. But next time put the terms in writing, e.g.: a lease.
    If the sister won't get rid of the boyfriend, then why would she want to re-let the apartment after being evicted? If she will get rid of him, then no need for the OP to evict.

    Evicting both and then re-letting to one is an option where both are on a lease, but in this case it makes no sense.

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