Should my friend continue to allow an illegal alien woman to rent an apartment without a security deposit, job or green card?

My friend has been renting an apartment for about 15 months to a man who brought a woman and her illegitimate 2 year old daughter, not his child, over from the Philippines on a K-1 visa. He married her about 8 months ago. He then filed for divorce 6 months ago, only 10 weeks after they were married. The divorce is ongoing now. His wife lied to him and is not who she pretended to be. She married him to come to the order to be close to other family here and not because she loved him. He moved out of the apartment 3 months ago and rent is paid to end of this month. The wife wants to stay in the apartment for 1 more month using money from friends. However, she is now an illegal alien and has no job, no green card, no security deposit. The wife is aggressively suing her husband to try to get support with the help of her Filipina friend’s husband, who is a lawyer. The wife has a sister and her parents are living in another state in a home that the wife’s sister’s family owns. She can easily go there to stay with them. My friend always gets a deposit and checks prospective renters are employed and afford paying rent each month. What do you think?

Asked on July 9, 2017 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she overstays how long rent is paid for, he will have to file an eviction action to remove her; assume that if she overstays, he will lose between 1 and 3 more months of rent as he gets her out, plus incur court costs (and possibly legal fees, if he hires an attorney). If she damages the apartment, he will bear the repair cost himself, since there is no security deposit. As an illegal alien without job or the legal right to work (no green card), it is effectively impossible to sue her for any of these amounts. Therefore, he is risking potentially considerable loss of money; it would be wiser to let her stay with her family.

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