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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  15 years real estate, Realtor. Landlord 26 years
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I just found out My tenant allowed someone to move into my

Customer Question

I just found out My tenant allowed someone to move into my property without my permission that person won't leave. He just informed me and wants me to get them out and I'm not sure what I can do
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..If your tenant allowed the person to move in, then legally they are the person's landlord and they are a subtenant. Since your lease is with your tenant, it is up to the tenant to get the person out of the property by terminating their tenancy and then evicting them. This requires a written 30 day notice to terminate the tenancy and then filing a formal eviction action in court if the person didn't move..You don't have any contractual relationship with the subtenant so you could only evict your tenant if letting someone else move in is a breach of the lease...So the tenant has gotten themselves in a tough situation here and are going to have to act like a landlord and formally evict the person they allowed to move in...As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister
Customer: replied 5 months ago.
That's fine now if I evict my tenant. And they are still there how would I then get them out I don't even know who they are. Potential he could move out they could still be there and I wouldn't even know who to serve papers to. Any ideas
Expert:  Barrister replied 5 months ago.
You have to file any eviction complaint against "Your Tenant's Name and All Unknown Occupants" so you are covering everyone who is occupying the dwelling. If you know the person's name, then you should list them..So if you want to intervene, then you have to evict your tenant so you can get the other person out as well as an occupant...thanksBarrister

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