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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116780
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was going to rent a home, the landlord and I had a verbal

Customer Question

I was going to rent a home, the landlord and I had a verbal agreement between the 2 of us. I asked the landlord if my sister could stay there until I was able to move in the home. The landlord said she could. I had the electric turned on in my name. Now my sister & I have disagreements between us and I don't want her and I to live together. I asked my sister to leave and she won't. The landlord asked to her to leave as well. She said no to have her evicted. The landlord and I went to the courthouse to get the eviction papers to start the process. The clerk gave us the 15 day eviction notice told the landlord she had to fill it out and give hand deliver the notice to my sister, not filed through courthouse yet. The clerk said on the 16th day if my sister hadn't vacated the home then file the eviction notice and pay to have it recorded and she would be served the eviction notice by a deputy. The landlord wanted to do an inspection of the home and retrieve her belongings that was in the home when my sister started staying there, landlord was told to give my sister a 24 hr written notice to inspect and get her belongings out of home. The police were called because my sister wouldn't let the landlord in the home after the 24 hr notice. The officer told the landlord that she couldn't remove anything out of the home because the agreement was with myself to rent the home not my sister. And that my sister was a tenant. So I would have to evict her. At this point I haven't moved anything of mine in the home, not stayed one night in home, or paid any rent or deposit to the landlord. The only thing I had done was turn electric on in my name. So my questions are: Can I turn off the electric since it is in my name and I'm not living in the home? Do I have to evict her as the police is saying that I do or does the landlord have to? Which the landlord has already gave her the eviction notice of 15 days. The clerk at courthouse said the landlord had to do the eviction process not me, being as landlord owns the home. Now my sister won't allow myself into the home, is she able to tell me no I can't come in the home at this point? The officer that came yesterday to the home said the eviction notice hasn't been filed through the court yet, the clerk said after the 15 days were up then on 16th day file and pay for the notice to be served to her. Clerk told landlord to fill out 15 day eviction notice and hand deliver it to my sister which she did do. Now we're getting told two different ways to do the eviction either my self has to fill eviction notice out or does the landlord? Thanks Linda
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, the police are correct, since she is not the one who made the agreement with the landlord, she is your subtenant and you have to evict her. You cannot turn off the power, since that would be deemed an unlawful eviction, you have to go through the court process, but make no mistake SHE WOULD BE EVICTED by the court. You need to be the one to fill out the notice and give it to her (the clerk must have presumed that she was on the lease with the landlord in addition to you, and yes I know it is a verbal lease). You are the sublease landlord, so you file it and if she does not get out, you can sue her for the eviction and can also seek to have the court order her to pay the electricity and also the rent and costs of you having to sue for eviction.
Customer: replied 1 year ago.
I thank you for clarifying those questions for me. So is the 15 day eviction the correct one I need for this case? There's also a 3 day eviction for non payment of rent. The rent was due Monday March 14,2016. It is not been paid yet, the clerk said that law is she paid she could still reside in the home. And the 5 and 7 day eviction notice I'm not to clear on if I can do those or not. I want her out as soon as possible. Am I allowed to enter the home even though she says no and won't let me in? Being as I'm the one with agreement to rent home as the tenant? Is the clerk correct about Filling out the eviction notice and giving it to her without it being filed and recorded through the court yet? With no signatures or notary stamps etc... Because the officer said I could have printed the eviction notice off the computer because nothing was signed by the court on the notice she was given. I went directly to courthouse Monday and asked the clerks office how to get someone evicted and she gave me documents to fill out.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If she has not paid rent, but you had an agreement with her to pay rent, you can use the 3 day notice. If you do not have an agreement for rent with her, then you need to use the 15 day notice. You are the tenant you can enter the home and she cannot stop you.
You should fill out the notice and and file the suit for eviction when she does not leave.

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