If I’m not a homeowner but need to remove a lodger, after giving a 30 day notice, am I entitled to police assistance to remove the lodger at the end of the 30 days?

I live in a house owned by my mother. My husband and I rented a room to a lodger. On the 5th we gave her an 88 day written notice to move. She was then late with the rent, and only paid part of it. We want to give her a 30 written notice to move due to non-payment. Can we give her a written notice or must we treat her like a co-tenant for the purposes of removal from the home? Also, are we entitled to police assistance if she becomes combative?

Asked on August 14, 2012 under Real Estate Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are entitled to police assistance if you are in any way placed in physical danger.  But you have no right to evict or even rent if you are not the owner or have a lease agreement with your mother that allows you to sublet.  Or maybe her POA.  I would speak with a real estate attorney about the eviction.  You do not need to give 30 days for a non-payment propceeding buit there are rules as to service, partial payment, etc.  ANd if you get it wring from the start an action for unlawful detainer or eviction will be null and void.  Good luck.

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