What to do if I found out that there is an of age child of my tenant, who is not included in the lease agreement, living in the tenant premises?

I want to evict the tenants because the lease states only mr and mrs x are tenants of this dwelling, not their child who is 22 years of age. First is this grounds enough to serve an eviction notice? If yes, would it be considered a violation of lease or an ” other good cause” violation?

Asked on January 25, 2013 under Real Estate Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your written lease states who the occupants will be for the rental that you have and the tenants have a third party adult child living in the premises that is not authorized to be there living on a day in and day out basis, your legal recourse is as follows:

1. serve a three (3) day notice to cure or quit on the tenants where the adult child needs to leave;

2. if the adult child does not leave in the three (3) day time period, your recourse is to file an eviction action against the tenants.

If matters come to this, then you should consult with a landlord tenant attorney to assist you in the matter to be safe. From what you have written, the third party in the unit seems to be a material breach of the lease warranting correction.

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