How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I signed a lease friend who has lived in the apartment years

Customer Question

I signed a lease for a friend who has lived in the apartment for several years without an issue. He electronically transferred the rent payments to me and I paid the rent. He now refuses to pay rent or leave the apartment. What are my legal options to evict him from the apartment and recover unpaid rent?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

In this situation, you are the tenant and actually the occupant's landlord with them being your tenant since the lease is in your name. If they are now refusing to pay rent, you can give them a 3 day notice to pay or vacate and if they don't pay, you can file a formal eviction action on the 5th day after you give them the notice. The day of service doesn't count.

.

After the 3 days were up, Landlord (i.e. you) would have to go to court and file a complaint for eviction. Then the tenant has 5 days to respond or Landlord can get a default judgment. If tenant responds with an Answer within the 5 day period, the case will be set for a hearing to determine who should have legal possession. This can take several weeks to get scheduled depending on the court's docket. After the hearing, assuming the Landlord wins, the tenant has 72 hours to move. Then the Landlord can get a writ of possession from the marshall or constables office and have them personally appear and evict.

.

As for the rent, you will have to sue him in small claims court under a breach of contract claim in order to get a judgment against him for the unpaid rent.

.

.

thanks

Barrister

Customer: replied 1 year ago.
Thanks. Since he was not paying the rent I gave him and the property management company 30 days notice of lease termination. The lease terminated on 8/31/15 but he refuses to leave or return keys. Since he has to vacate the apartment would the pay or vacate notice be appropriate in this situation?
Expert:  Barrister replied 1 year ago.

If you already gave him a 30 day notice to terminate the lease, and it has expired, and he hasn't moved, then you can immediately file the eviction action in court and wouldn't have to give him a 3 day.

.

.

thanks

Barrister

Related Real Estate Law Questions