If my tenants just allowed 3 more adults to move in without my permission, can I demand that they leave immediately?

UPDATED: Jan 9, 2012

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If my tenants just allowed 3 more adults to move in without my permission, can I demand that they leave immediately?

The lease expired 3 months ago and so the tenants are currently holdover tenants. I own the home and rented to 2 adults and 2 children. The home is currently occupied by 5 adults and 2 children.

Asked on January 9, 2012 under Real Estate Law, Hawaii


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If your tenant's written lease has expired and you do not like the current occupancy situation of your property, you can serve your tenants and all other adults with a 30 day notice to vacate since the tenants are on a month-to-month tenancy.

If the tenant's do not vacate in the 30 day period, you will need to file an unlawsful detainer action against them and the other occupants if you want them to leave your property.

Possibly the amount of people (seven) in your rental may be in violation of your town's/city's/county's zoning laws giving another basis to terminate the lease.

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