How do i evict someone who is not on the lease?

UPDATED: May 23, 2012

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How do i evict someone who is not on the lease?

My sister is currently renting my house. She was the only one who signed a lease. She allowed a friend to stay until he got back on his feet. I was upset but as long as rent was paid I allowed it. He has not got a job or helped at all. My sister has asked him to leave with in 30 days. What legal action can I or do I need to take to make sure he leaves? I am moving out of state in about 2 weeks. This man also has a history of being very violent and is currently on probation, my sister has said on occasion that she is fearful of him and what he will do.

Asked on May 23, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your sister would be the one who takes action in this case. As you note, your sister is the only person on the written lease and is your tenant; the man whom she allowed to stay with her is her guest, since she, as the person with possession rights (as the tenant, under her lease) is the one who gave him permission to stay. A guest may only stay as long as the person with possessory rights allows him to stay, and that permission may be revoked at any time, for any reason. Your sister can tell him to leave; if he does not, he becomes a trespasser, and she should be able to call the police and ask them to help remove him. You should be available to confirm, as landlord (the homeowner), that you have not rented to him, received rent from him, or given him any permission to stay, and that the only tenant is your sister.

Be aware though that sometimes, if the trespasser claims some sort of right to stay (for example, claims that he was a tenant), the police will not remove him--when there is doubt about a person's legal right to reside, they will want the courts to determine whether he has to leave or not. If the police will not help, you should retain an attorney to bring the appropriate legal action to remove him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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