How do you evict someone from your home that’s not on the lease?

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How do you evict someone from your home that’s not on the lease?

She been here more than 30 days and gives $300 a month for expenses. There is no written agreement. The landlord/tenant hotline said just write a letter and that it does not have to be notarized; just have proof that she received the letter. I feel like I should have to do more like go to court first and do it through them. I don’t know I need a lawyer opinion because I don’t know the law.

Asked on May 28, 2012 under Real Estate Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As you are aware, this person is your "subtenant" since they are a long term occupant who has paid rent. Consequently, you must give them legal notice to vacate the premises. And this is what you, in fact, have been instructed to do by the hotline. However, if your subtenant fails to move by the date specified in the notice then you, as the "sublandlord", must file an eviction proceeding known as an "unlawful detainer" with the court. You must not try to evict them yourself. Therefore you are correct in thinking that more might need to be done. Hopefully this person will just vacate within the timeframe provided in the notice. Again, if they failed to remove themselves from the premises, you will need to appear in court. The judge will then order that your subtenant leave. If this person still refuses to move, then at that point you can have a sheriff do it.


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