How do I remove a sublet tenant?

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How do I remove a sublet tenant?

I hold the lease to a garage space and would like to move from my current rental location into my own home. I share this space with a person I met online. We have no written contract together and I have given him a written email 30 day eviction notice, but he still will not leave. What do I need to do legally to have this persons things removed so the landlord does not hold me responsible for his things being there after I am gone? The garage lease does not mention anything regarding subletting the garage.

Asked on August 24, 2012 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was no written agreement, your subtenant is a subtenant at will. That means you can terminate his tenancy on 30 days notice. If he does not move out after that, you can file an eviction action to remove him--and, in fact, you must file an eviction action to remove him, since landlords or tenants leasing to subtenants are not allowed to remove their tenants themselves, without going through the courts.


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