What are the legal statutes for getting an authorized admittance to evacuate a rental property?
pink_kitty_mambo asked:
I’ve rented an apartment and authorized someone else on my lease to stay on the property. Problems have occured and now I would like her out and she refuses to leave. What legal actions do I need to take to get her out of the apartment?
She is not on the lease as a cosigner or tenant just authorized to be there and it is only a month to month lease.
I’ve rented an apartment and authorized someone else on my lease to stay on the property. Problems have occured and now I would like her out and she refuses to leave. What legal actions do I need to take to get her out of the apartment?
She is not on the lease as a cosigner or tenant just authorized to be there and it is only a month to month lease.
Only the owner or their agent can evict someone from a property.
Only the owner can legally evict.
Or if you are in CA and in a special rent control area, you can terminate your end of the lease (more than 1/3 tenants leaving one unit), so the owner will most likely increase rents and make it a little harder on the other person.
Since you state that this girl was also on the lease, the landlord cannot evict her, because you are EQUAL partners on the lease, and you may not credit/income qualify for the apartment on your own.
Roommate squabbles are not the landlord’s problem.
You are also not more entitled to the apartment than she is if you are both on the lease. She doesn’t have to leave.
The law forbids you from just kicking someone out on the street. If you try that, it’s an illegal eviction, and you can be sued for damages.
Bottom line: She doesn’t have to leave if she doesn’t want to, and the landlord cannot evict her just b/c you no longer want her there….the landlord is JUST AS BOUND to the contract.
Since your roommate is on the lease also, you have no legal rights to evict her- only the landlord can do so. She has as much right to be in the apartment as you do. You’ll have to talk to your landlord about getting her removed, but your credit must be approved before you can do this and he/she may refuse. It might be better to just see about getting out of the lease early (you will have to pay penalties and lose your deposit).