What to do if my tenant sublet 2 rooms out to other people, in violation of the lease, and now those people won’t vacate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my tenant sublet 2 rooms out to other people, in violation of the lease, and now those people won’t vacate?

None of them are on the rental agreement that my tenant and I signed. Can I get a sheriff to evict them on criminal trespass or must I start an eviction proceeding against them? They have their mail going to the rental so they claim they have the legal right to stay. They also say that I have to keep the utilities on for them.

Asked on May 22, 2015 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is, did the rental agreement with your tenant prohibit sublets? If it did not, they can stay, since in the absence of a prohibition, a tenant may sublet. If the agreement did prohibit sublets, then you may evict the tenant for breaching his or her rental agreement/lease--you don't evict the subletters, since they were not the ones who breached an agreement or contract they signed, you evict the tenant. And you do have to go through an eviction proceeding--the subletters are not trespassing is someone with authority/possession (the tenant) gave them permission to be there, so the police or sheriff will not help. You need to remove the tenant's right to possession (evict the tenant) to get rid of the subletters.


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 lock Secured with SHA-256 Encryption