What to do if my tenant sublet 2 rooms out to other people, in violation of the lease, and now those people won’t vacate?

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What to do if my tenant sublet 2 rooms out to other people, in violation of the lease, and now those people won’t vacate?

None of them are on the rental agreement that my tenant and I signed. Can I get a sheriff to evict them on criminal trespass or must I start an eviction proceeding against them? They have their mail going to the rental so they claim they have the legal right to stay. They also say that I have to keep the utilities on for them.

Asked on May 22, 2015 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is, did the rental agreement with your tenant prohibit sublets? If it did not, they can stay, since in the absence of a prohibition, a tenant may sublet. If the agreement did prohibit sublets, then you may evict the tenant for breaching his or her rental agreement/lease--you don't evict the subletters, since they were not the ones who breached an agreement or contract they signed, you evict the tenant. And you do have to go through an eviction proceeding--the subletters are not trespassing is someone with authority/possession (the tenant) gave them permission to be there, so the police or sheriff will not help. You need to remove the tenant's right to possession (evict the tenant) to get rid of the subletters.


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