Can law enforcement remove a person from an apartment who is not on the lease?

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Can law enforcement remove a person from an apartment who is not on the lease?

I’ve just been informed that we would have to evict a person who has been living with a new tenant. She hasn’t been here for 2 weeks yet and we did not agree for her to be living in the premises and she is not on the lease. She is mentally challenged and has caused problems with the appropriateness of her dress and peeking in other tenants apartments, etc. Do we really have to go through an eviction process or do we have grounds for law enforcement to remove her from the property? Could we file a restraining order of some kind to prevent her from being here?

Asked on August 7, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If this third party is not on the lease for the new tenant and has been causing a disturbance and other problems that you can independently verify through other tenant, this is the suggested course to have this person removed from the occupied premises:

1. Contact the tenant personally who has this "guest" in his or her rented unit to discuss the problem and the need for this "guest" to leave the complex. Follow up with a confirming letter to this tenant for future reference and need.

2. If this "guest" is not out of the complex within the requested time period, you serve your tenant who is housing this "guest" with written notice that this guest needs to leave his or her unit and the complex, that if the tenant who is housing the guest does not cooperate with this demand, you will deem the tenant in violation of his or her lease because this "guest" is creating problems for other tenants that you have. You have a duty to safeguard other tenants from the problem "guest".

3. If the tenant does not comply, you have the option to have the "guest" removed as a trespasser by law enforcement and to send a notice of termination of the lease where the "guest" is staying.

After reading the above, you should consult with a landlord tenant attorney to make sure your paper work for the above suggested process is in proper form.

Good luck.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If this third party is not on the lease for the new tenant and has been causing a disturbance and other problems that you can independently verify through other tenant, this is the suggested course to have this person removed from the occupied premises:

1. Contact the tenant personally who has this "guest" in his or her rented unit to discuss the problem and the need for this "guest" to leave the complex. Follow up with a confirming letter to this tenant for future reference and need.

2. If this "guest" is not out of the complex within the requested time period, you serve your tenant who is housing this "guest" with written notice that this guest needs to leave his or her unit and the complex, that if the tenant who is housing the guest does not cooperate with this demand, you will deem the tenant in violation of his or her lease because this "guest" is creating problems for other tenants that you have. You have a duty to safeguard other tenants from the problem "guest".

3. If the tenant does not comply, you have the option to have the "guest" removed as a trespasser by law enforcement and to send a notice of termination of the lease where the "guest" is staying.

After reading the above, you should consult with a landlord tenant attorney to make sure your paper work for the above suggested process is in proper form.

Good luck.

 


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