Can I legal change the locks and evict someone living in my apartment that was not on the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I legal change the locks and evict someone living in my apartment that was not on the lease?
I had a friend come live with me and my sister but could not get on the lease. We had a verbal agreement that he would pay a certain amount to stay with us. Now 2 months living there we discovered that he had stolen my sister’s credit card and maxed it out. We had decided to change the locks while he was away for the weekend because we felt threaten and unsafe for the fact that he could take more things from us.
Asked on October 4, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortunately you *can't* do this. A "verbal agreement that he would pay a certain amount to stay with us" means that you were subleasing to him, with an oral sublease; ergo, he was you tenant, and he may only be evicted as a tenant may be. Stealing from the landlord is one ground for eviction; if the lease is oral, you may also evict on 30 days notice; so you can get rid of him, but you *must* do through the courts. If you don't, you could be liable to him, and he could seek a court order forcing you to take him back (as well as seeking monetary compensation).
Other things to do: 1) report the theft to the police and press charges (using a credit card without permission is theft); 2) seek a protective order; 3) sue him for the money he stole; 4) you *may* be able to fast track the eviction based on circumstances.
You should retain an attorney to help you with your several options.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.