Dick, thank you for the additional information. It would first need to be determined if there is any type of formal lease agreement or if the friend would be considered a month to month
tenant. Based upon the excerpt which you provided above, it would appear that there was no definite start or end to the agreement, so she would likely be considered a month to month tenant. Moreover, if the roommate pays her rent to your daughter and not the landlord, you daughter, who is on the lease and the master tenant, would need to give her the proper written notice to vacate, before any eviction
proceeding takes place. The fact that the friendship has gone sour, does not take away the roommates legal right to stay there, since she does reside there and has been living there for three months, paying rent. If the landlord knows of the situation and did not object to it, your daughter would not have to worry about being in violation of the lease agreement, since typically only those people named on it, can reside there. If your daughter provides her with the written notice ( likely 30 days) and she fails to vacate, she would then have to proceed with the eviction through the court. She may also want to try calling the police and advising that her friend is trespassing, to see if they will remove her sooner but since this is a civil matter and there is no court order in place, they may not get involved. You daughter can not use self help to get her out ( i.e. change the locks or just remove her stuff), so if she wants her to leave and they can not agree on how this will happen, then it will have to be ordered by the court.
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