Can I kick out a tenant who is listed onour lease but never signed it?

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Can I kick out a tenant who is listed onour lease but never signed it?

My boyfriend and I signed a lease to a house. y friend is listed as a tenant, but did not sign the lease. She has been acting out of control and doesn’t speak to us. Can I kick her out, and what is the process for doing this?

Asked on August 4, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If she never signed a lease, she is a month to month tenant. You may therefore give her a month's notice (written) that you are terminating her tenancy.

After that, if she does not move out, you may evict her. Note that you may *not* simply change the locks, put her stuff on the street, etc. Instead, you may only evict her through the courts. (An illegal eviction would make you liable to her, which you don't want.) The eviction process takes a few weeks and relatively streamlined, though it is still a court proceeding. Ideally, you should retain an attorney to help you; if you can't afford one or want to do it yourself, contact you local court--they should be able to direct you to instructions, sample forms, etc. Good luck.


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