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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I am a renter with signed month to month lease that has my

Customer Question

I am a renter with signed month to month lease that has my daughter and myself as tenants. My boyfriend stay with me a lot. Can I be evicted for that? He severed me a notice saying 3rd warning when it was the first time
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 4 months ago.

Does the lease have a time frame for overnight guests? How many nights does he stay there, per month?

Customer: replied 4 months ago.
No but does state 2 occupants, my daughter and self. He stays sometimes days and sometimes months but does go home most weekends.
Customer: replied 4 months ago.
He said that was 3rd notice which is not true. One thing he did say is my boyfriend caused irreparable damage to dirt driveway with an oil spot.
Expert:  LandlordTenantAnswer replied 4 months ago.

Thank you for the reply. He stays there months at a time?

Customer: replied 4 months ago.
Not straight. He works here but lives 3hrs away. Sometimes he is not here for months. Last 6 months he has been here a lot.
Customer: replied 4 months ago.
I would do phone call but want to speak with him about letter. Then if needed will call. Do you think he can evict me?
Expert:  LandlordTenantAnswer replied 4 months ago.

If he is staying there an excessive amount and appears to be more then an overnight guest, the landlord can evict, if a notice to cure was given and he continues to stay there. The fact that he lives 3 hours away and/or work close to where you live, does not allow him to reside there. If he is staying with you more then he stays at his own home, there is an issue and a basis to be in violation. If the landlord is going to evict, the burden would be on them to show this is happening.

Expert:  LandlordTenantAnswer replied 4 months ago.

He can evict if there is a lease violation that you have failed to cure and he can show he is not a guest.

Customer: replied 4 months ago.
This is letter.
Expert:  LandlordTenantAnswer replied 4 months ago.

Yes, if they provided you this notice and nothing was cured or fixed and the person continued to stay, in violation of the agreement, the next step for the landlord to take would be to proceed through the court and file for eviction. If they did, you would be served and need to appear, to defend this.

Expert:  LandlordTenantAnswer replied 4 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!