How do we get a non-tenant out?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do we get a non-tenant out?

The tenant that signed the lease does not live there. She lives elsewhere and rented forher sister and 2 kids to live there. The lease states that no other parties (not on lease) are to stay more than 3 days without permission. Per a magistrate states even if we evict the tenant (that signed the lease) that the other parties can still stay due to the “right to shelter”. Off the record someone suggested getting a trespass notice for the parties residing in the unit that are not on the lease. Given we also can prove the “tenant” lives elsewhere. So stressed and lost for knowledge.

Asked on January 3, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a person is residing in your rental and is not paying rent to you, I suggest that you serve the person with a 30 day termination notice of the "rental" or serve the person with the 3 day notice to pay or quit. For all intents and purposes, if the person who is in your rental is not a sub-tenant and you are not getting paid rent, that person is a squatter and a trespasser.

Given the situation that you are in, I suggest that you consult with a landlord tenant attorney who primarily represents landlords to assist you in your matter.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption