How do I evict someone who is not on the lease?

Asked on January 23, 2013 under Real Estate Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If someone else is residing in the apartment or unit, you would follow the same eviction procedures as you would for the tenant.  The only difference would be that you may allege a basis other than just non-payment.  If they are an unapproved occupant who won't leave after notice from you, then you file the eviction on the basis of the breach of the lease.  If they are living in the apartment or unit after the regular tenant has already left, you would add the fact that they are trespassing as an additional basis. 

You may also want to see if your local police department will issue them a criminal trespass warning.  Some will and some won't-- but considering that it won't cost you anything, it's worth the phone call.

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