can I evict/break lease when my new tenants (6 weeks) move in an extra person not on lease without discussion or notice?
Hello, and welcome! I am a licensed attorney and will be happy to assist you. Please remain online while I prepare your response.
Rocket law is one of those things that frustrates attorneys because the documents people retrieve almost never seem to actually suit their purposes. I suppose we should be happy with it, because in the sense that it fails so often, this type of service generates clients. Unfortunately, I hate to see people "taken" like this. One size never fits all.
Ordinarily, unless the lease specifies the number of persons who can live in a particular unit, or unless the number exceeds that allowed by law, a landlord is usually stuck with an additional tenant if added by the original tenants. The exception would be if the lease requires all persons living in the home to be a signatory to the lease, after first being approved by the landlord.
Realizing you are unhappy with the newly added tenant, there may be other ways to evict. Keep your eye out for any violations and consider having the lease agreement reviewed by an attorney, even though it seems it is a rather simple document. The attorney will alert you for any potential subtleties that could weigh in your favor. Also, be sure to keep an eye out for late rent and serve notice as soon as it is appropriate to do so. Be sure to follow up the notice with an unlawful detainer action, where appropriate. Be advised, however, that the court will always allow a tenant to pay the past due amount of rent rather than be evicted.Perhaps the new tenant will be an asset, rather than a liability - even if only by making the home more important to the intended tenant, and thereby ensuring you are paid on time each month. You just never know how these things can work out.
I hope this information helps. If you need additional information or clarification, please let me know and I will be happy to continue to assist you.If I have answered your question, please be sure to indicate your satisfaction where prompted.Best of luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).