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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34262
Experience:  16 years real estate, Realtor. Landlord 26 years
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I gave a 30 day eviction notice to my mother-in-law. What do

Customer Question

I gave a 30 day eviction notice to my mother-in-law. What do I do if she does not comply? I am the primary tenant on the lease and had her added to the lease 6 months ago but now I need her to move out.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 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.

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Is mother in law listed as a co-tenant or is she just listed as an occupant on your lease?

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Are you the only tenant listed on the lease?

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thanks

Barrister

Customer: replied 5 months ago.
She is a co tenant.
Expert:  Barrister replied 5 months ago.

Unfortunately if she is a co tenant on the lease, then you can't evict her and she can't evict you. You both have exactly equal rights to use and possession of the property. If she was just an occupant, then you could evict her because technically you would be her landlord.

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So your recourse here is to try to get the landlord to give her a notice to terminate her tenancy if she is violating the terms of the lease and then evict only her.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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