Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Are you saying that you had two people move into a dwelling that you were working on and they shouldn't have moved into?
Did they break in to gain access?
If not, how did they get a key if they were not allowed to move in?
Have you tried calling the police on them as trespassers?
Ok, unfortunately when you accepted a deposit to hold the place, but you gave them a key to enter it and store their personal property there, you made them legal tenants and now you have to terminate their tenancy and evict the same as any other tenant who is under an oral lease. The fact that they haven't paid any rent doesn't help here. When you give them a key and let them move in their stuff, they become your tenants.
So if you have been cited by the Board of Health, you have to make repairs or face fines and legal action for not complying. But that doesn't affect you evicting them and you have to start by giving them a 30 day notice to terminate their tenancy and then evict them through the courts. It sounds like they know what they are doing and probably have done this before. So you are going to have to go through a formal eviction action in court after the 30 day notice is up to get them out.
And you probably already realize this, but it is never a good idea to give a key to a tenant or allow them to store anything in the actual dwelling prior to a tenancy beginning and you getting the deposit and rent...
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...