What do I have to do to have someone removed from the house that I am renting?
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What do I have to do to have someone removed from the house that I am renting?
I am renting a house; my name is the only one on the lease. I let someone move in and now we are having altercations; I no longer want this person in my house. What do I have to do to have this person removed?
Asked on April 18, 2011 under Real Estate Law, Nebraska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Since this person is not on the lease, they may be considered to be your "subtenant" if they paid you rent; if they didn't pay you rent but lived on the premises with your permission, they will be considered to be a"licensee". Either way, you must give them a 30-day notice to vacate the premises. If they doesn't leave by the date specified then you, as the lawful occupant, will need to file a "unlawful detainer action" (i.e. eviction).
Note: If he was a "tenant" (i.e. not a your subtenant or licensee), then your landlord would need to file because only landlords can evict tenants. This person may have achieved the status of tenant if they paid rent directly to your landlord, or if your landlord put (or allowed them to put) their name on the mailbox/doorbell, or if you and this person rented the house together and it was clear that both of you were on equal footing.
Regardless of who files for an eviction, it is important that they comply with all legal requirements, including proper notice to vacate the premises. If someone is put out of their home in an unlawful manner they are entitled to recover damages. Therefore self-help measures such as removing personal belongings or changing locks, cannot be used. At this point, you should consult with a landlord-tenant attorney or tenant's rights organization to find out just what the process is for a legal eviction in your state.
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