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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100031
Experience:  Attorney
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My son and his girlfriend have been renting months

Customer Question

My son and his girlfriend have been renting for several months from a property that I made arrangements for him to rent from. There is not a written rental agreement, only a verbal agreement, that I would pay the rent if my son failed to do so at any given time. I also made this arrangement at this house so he can live next door to my other son so they can help each other if needed at any given point. Now my son is trying to have his girlfriend leave the house due to many things she has already done to him. But I told him that I would find out how we can evict her since there is not a written rental agreement. Can you please help with that? or lead me in a direction that could help?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Please tell me what state is this in? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 7 months ago.
This is in the state of New Mexico.
Expert:  Ely replied 7 months ago.
Thank you. My apologies for the wait as I had already gone offline when you had originally replied.
There is one more thing that I need to know, please. You state: "There is not a written rental agreement, only a verbal agreement, that I would pay the rent if my son failed to do so at any given time."
So can you please clarify who is on the WRITTEN LEASE (if one exists at all):
Him, her, or both of them?
Customer: replied 7 months ago.
There is not a written lease either. I talked to the landlord a couple days ago amd he said the one that pays me the rent is the one that is renting. They split the rent moat months but not all months, in those cases my son pays the full amount of rent and he pays the electric bill which is in his name.
Expert:  Ely replied 7 months ago.
This is an unusual arrangement. Essentially, it seems that there is an month to month arrangement between your son and the landlord, with you as the co-signor, but all is verbal.
The question here becomes - IS SHE A TENANT, OR IS SHE A TENANT AT SUFFERANCE?
If she is a regular tenant, then she can stay as long as rent is paid, since she is a tenant along with your son.
If she is a tenant at sufferance, then she cannot. A tenant at sufferance is someone who stays at the pleasure of the owner and whose tenancy can be terminated by eviction (even if they do not have to pay rent). Many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.
So someone in your situation (and your son's) may wish to take the position that she was never really a part of the lease, and just a tenant at sufferance. Then, give her notice to QUIT (a reasonable time such as 30 days is not a bad idea) and if she does not leave, then to evict her as though she was a (sub)tenant at sufferance.
She would have to prove that she was not a tenant at sufferance to beat an eviction, but since all the matter is verbal and the landlord seems to only care who pays them, it should not be hard to establish that she is a tenant at sufferance.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 7 months ago.
Thank you for your reply. I asked her to leave and she said she is not leaving and went and gave the landlord money to stay and he took it. She only gave him utility money right now not the rent money. I'm wondering if I should go give him the rent tomorrow now for month of May. I will go talk to him again tomorrow but this girl has been locking my son out of the house, threatens to ho throw all his cloths away, throws drinks in his face, turns off the radio while he's listening to it. Im wondering if these things can be to our benefit in some way. ?
Expert:  Ely replied 7 months ago.
Hello,
If she is seen as a tenant, then unfortunately as long as she pays the landlord, he is not going to evict her.
At this point, perhaps your son may benefit from a restraining order instead which would act as a de facto eviction. See here:
http://womenslaw.org/laws_state_type.php?id=10017&state_code=NM
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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