Can you kick someone out if they are not the lease?

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Can you kick someone out if they are not the lease?

My brother is in prison and my parents have taken over the lease on his apartment. He and his wife are separated and she had no place to live and no income. So, my parents allowed for her, my niece and my nephew, and her boyfriend to move in. However, since they have moved in they have been nothing but trouble; things have gone missing, they fight throughout the night, and have even threatened my parents with violent acts. The guy’s dad has been threatening to sue my dad if he kicks the guy’s son out. Can he legally kick them out?

Asked on August 15, 2011 Nevada

Answers:

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

Answered 10 years ago | Contributor

Yes, he can, but the "status" of the tenancy is really important here and because this is a really touch situation (family involved) and volatile (a restraining order may be needed too), I would consult with an attorney in your area about the best way to go about getting him out.  Some form of eviction may be necessary if he is deemed a tenant (by sublet and oral agreeemnt if not on the original written lease) or if he is deemed a guest.  Is it only him that your parents wish to have removed?  I would assume so as they do not wish their grandchildren to be homeless.  Please have them seek help.  Good luck with everything.


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