Do I need to file a formal eviction for an occupant on my lease?

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Do I need to file a formal eviction for an occupant on my lease?

My ex-boyfirend and son’s father is listed as an occupant on my lease and I would like for him to move out. But he tells me I have to evict him. I was wondering do I have to file for a formal eviction?

Asked on August 7, 2012 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, any occupant (or tenant) on a lease must be evicted in order to get him out of the unit. Also, bear in mind:

1) One tenant cannot evict another; only the landlord can evict a tenant.

2) A tenant with a written lease for a definite time can only be evicted for good cause--not paying rent; intentionally or grossly negligently damaging the landlord's tenants; disturbing the peace of other residents, by acting in a way which is unreasonable for a residence; for violating terms of the lease; etc. Without good cause, there is no eviction.


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