Question

Can I kick someone out of my house if they're not on the lease and their is no written agreement?

I let my friend move into my apartment at the beginning of this year because they got kicked out of their other place and had no place to stay. I asked them to leave 2 weeks ago and they are refusing to. My lease doesn't let me have sub-tenants or pets in the apartment so I don't want to tell the landlord about her because those things could get me evicted. Obviously, I should have never let the vagrant move in, but what can I do now? Do I have to give them a written 30 day notice or can I just kick them out tonight because they don't pay rent and aren't on the lease?
I live in PA and she's been here for more than 30 days so I'm concerned sine the 30 days makes her a subtenant I believe, although I'm not exactly sure.

3 years ago - 5 answers

Best Answer

Chosen by Asker

The landlord is the only person who can evict; tenants cannot evict each other, whether they're there legally or not. This person has lived there long enough to establish tenancy, which means you can't just call the cops or put their belongings on the curb because you will be sued yourself for constructive eviction. They are not trespassing on YOUR property, they are trespassing on the landlord's property, which means s/he must be informed. However, this also puts you at risk for eviction yourself, since you moved someone in illegally.

Damned if you do, damned if you don't. All you can do is beg the landlord not to evict you, and possibly offer to pay the cost of evicting your roomate.

EDIT: She can only be a subtenant if you have your landlord's permission. Without your landlord's permission, she is just an illegal tenant. However, because it is not your property, and because she has established residency, your landlord will have to be the one to evict her.

3 years ago

Other Answers

Okay, if someone isn't welcome in your house, they have to get out. Its just like the whole law thing. Nobody can be on your property or in your home without your permission. Tell them to get the hell out or you're gonna call the police or something. If that doesn't work take all of their stuff and throw it outside and change the locks on the door, making sure to give one to your landlord if you have to.

Bahahaha. (:

by sToRm! - 3 years ago

Depends on what state. In Oregon, if someone moves in you would have to give 30 days written notice even if nothing is in writing. However, once rent is 8 days late you could give a notice to pay or vacate within 72 hours and they would have to move.

Find a store in your are that sells legal forms, they can sell you the proper notices to give to your roommate.

Or just throw their stuff on the curb and hope they don't sue you!

by thanks - 3 years ago

call the police as its your name on the house
if you can bang her out lol good luck with it
i

by safia A - 3 years ago

Of course you can... You just have to be careful. Ask yourself these questions:

Can the person I am kicking out establish he/she lived in the rental?
Will you be in danger of bodily harm?
Have you recieved any money from the person you want to kick out?

If you can answer NO to all three, get rid of them. If not, you should start eviction
proceedings immediately.
Good luck.

Source(s)

by slice - 3 years ago