Question
As a landlord, how can I 'evict' unauthorized guests of one of my tenants?
I have a tenant who moved in 3 people. The lease states that guests may only stay for a total of 5 nights per month those staying more than 7 must be approved prior to arrival and a $35 per wk per guest fee must be paid (this is bc we include all utilities). I have a tenant who has not abide by this rule. I will evict the tenant but I want the guests out now. They guests have begin causing problems with other tenants (shortage of hot water, extreme profanity, noise, smoking in a non smoking unit and the smoke seeps into the units next door). I will give a 48 hour vacate today for the guests. My question is if they do not leave how can I have the forcefully removed? Do I have to take them to the magistrate? Can I simply call the police? They are not on the lease nor is there ANY agreement of their staying at the unit. Can I say that if they are seen or heard after the 48 hrs they will be arrested? I plan on monitoring this very very closely. Also can I have some suggestions as to how to monitor them. They are very sneaky. I plan to go into the basement and listen as I can hear the tenants and know the unwanted guests voices. (I have called my lawyer he is in court and will return my call later but I am looking for opinions and advice until that time) I am in PA if it matters. And I am 110% sure that these people are living there and have been so for at least 3 wks. I do not have the guests names. I only know their voices. Can I still call the police? Is there no way to get them out sooner? I can handle 3 days but I am pretty sure the tenant will keep them so I will have to tolerate them throughout the whole eviction process?! Our lease also states that illegal activity (I.e. pot smoking on the premises) will result in an automatic 15 days eviction. I did have to call the police yesterday because the guests were smoking pot in there car in my driveway. The police could not do anything as when they arrived the guests and friends had already entered the building and when the car was searched nothing was found. But it was witnessed by mother and brother in law.
4 weeks ago - 8 answers
Best Answer
Chosen by Asker
Your tenants have breached the terms of the lease and your (only) recourse is against the tenants. I suggest you give your tenants the required notice to abate this breach or you will file for eviction. If your lease does not mention time to cure breaches (monetary and others)then google landlord tenant laws in your state. realtor.sailor
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I'm a property manager
4 weeks ago
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Other Answers
It's called trespassing. Call the police.
by the tax lady- 4 weeks ago
You serve the legal tenant a 3 Day Notice to Quit (Improper Subletting, Nuisance, Waste, or Illegal Use). Basically, this tells the legal tenant to get the illegal tenants out within 3 three days or you will evict him and his guests through legal means.
by Glenn S- 4 weeks ago
Consult a lawyer but it sounds like your only recourse would be to evict the tenant and all occupants for lease violations, since it does not appear the guest are engaged in illegal activity A lease is a temporary transfer of certain property rights from you the owner to the renter, as such, as long as the lease is in effect and they are guest of the tenant they are not trespassers, as such the police will not remove them from the rental; they will tell you this is a civil contract issue that needs to be worked out in the landlord tenant courts I there was illegal activity you could move quicker but it does not sound like from your facts
by goz1111- 4 weeks ago
Yep, the 72-hour "perform or quit" notice is the first step. First, prove the complaint and you need documentation, such as complaints (written, or your incident log) from neighbors, smell of smoke in non-smoking unit, and so on. Then write up the notice and post it on his door, with a witness swearing that you did so, so they can't claim they didn't see it. Three days later, start eviction proceedings through the courts if nothing was done.
by Kasey C- 4 weeks ago
I believe you could call the police and have them help you remove the tenants that are guests.
by Realtoratheart- 4 weeks ago
Most of what you plan to do its illegal. There is no way to get the guests out before you evict the tenant. You need to send a 14-30 notice. This states the unauthorized tenants have 14 days to leave or all tenants must leave with in 30 days. Be sure you put "etal" on the eviction paperwork. That means "and all others" this will legally remove the unauthorized tenants as well. EDIT: The 72 hr notice is only for not paying rent! Here in Oregon our forms specificaly state that. You must serve the 14-30 or a regular 30 day notice for any other violation.
by Wildcat- 4 weeks ago
Stop focusing on the guests of your tenants and begin the eviction process of the actual tenant for violating the rental aggreement period. Easiest way to get rid of the guests are to make your tenant on contract responsible for getting rid of them as he may be taking money from the "guests" so technically they may have rights per the police department. Again easiest way to get them out is to legally threaten the tenanat on the lease agreement.
by Us Loan Auditors- 4 weeks ago