We need advice! A tenant moved a man in without our knowledge.

We need advice! A tenant moved a man in without our knowledge. They had a fight, lessee left. She wants us to change the locks. The unauthorized man is inside. She wants to be able to get her belongings and terminate the lease. Thats fine, but will we have to evict this unknown man if he stays? What if he kicks the door in because we changed the locks. Domestic issues are complicated. And where we are, the courts do not have landlords backs...

Call your company attorney & share the situation with them & ask what to do moving forward.

This happened to us in Texas. Our attorney suggested we;
He is not on the lease. He is trespassing. You do not have to evict. I would leave a note on the door for him to come to the office to talk to you. Explain that he is not on the lease, needs to immediately move out. If he does not call the police they will remove him for you. If he has lived there long term, another story. You would have to evict.

That's not what would happen in my city in North Texas. It is considered a domestic issue and eviction of the man can only be filed by the lessee that initially gave him persission to be there. Now that being said, you can file eviction against the lessee once they have missed the rental payment or for unauthorized occupants--the latter will take more time because you need to notify the lessee that they are in breach of lease and that failure to remedy the situation within (state the time frame) will result in eviction. Eviction for a non-rent breach of lease should be handled by an attorney.

I once had this issue. We had the resident put all his stull in a storage since the police said as long as his stuff was there he was a resident and they wouldnt remove him. We then changed the locks. Resident was not let out of her lease though

Marie Compton in Texas it doesn't matter if his stuff is there or not. If they get mail there they have made it their residence. You have to go to court. You got lucky it worked but if they were smart they could've gone after you in court.

He wasnt getting mail there. He even came in and said he didnt "live" there but she wouldnt let him get his stuff. Then she came in and gave me a different story. (They always do that!) They were ridiculous and after two days of back and forth i gave her this idea and it was done.

Yes call the attorney, if he has established residency there (here if they show they’re getting mail at the address the police won’t trespass them) at any rate when we file evictions we always put the leaseholders name & all others occupying the address so it covers anyone in there.

Hes tresspassing and she is in default sens her her violations and send her a violation herself bc she is subleasing and is in total default and file for eviction bc she is conducting prohibited conduct up the whoo ha! Document every single thing and have your leasing staff document as well

Call your attorney! In some states you have to evict so to make sure you have it right, call your attorney!

In Ohio you have to evict

Call the cops and get them to trespass him. He's not on the lease and probably doesn't have proof he's been there. They'll escort him off and tell him not to come back

She needs to file a restraining order and call your attorneys. However she is in violation, but what state is this? That would be a factor too!

If she moves he has no rights to the apartment. She just needs to get everything out, including his stuff and then turn in the keys. If he comes in, or kicks in the door call the police, he is trespassing.

I would put the pressure back on her since she was the one violating the lease. She didn’t feel the need to consult you when she moved him in.She will need to file a restraining order. She will then need to return to her home with the police to have him removed due to the restraining order. Then you can release her if you choose.We are in Indiana. That’s what I would do.

Also, you could work a deal with her that you will release her, but she has to get every single thing out of the apartment. Doesn’t matter if it’s his or hersAnd then turn in the keys. Since she is a leaseholder, once she turns in the keys, if he kicks in the door, you can call the police and show that that apartment was vacant.

Squatters rights
If they have built that address as their address receiving mail and lease holder moved eviction process against resident lease holder

Evict her et al
I've had this. Luckily the hanger didn't damage. Didn't pay, but didn't damage.

If he is getting mail, then he’s your new headache. However, verbiage in a stern letter is everything. Try using, “This office will be scheduling the warrant for possession on the 23rd day of April 2019 at 9:00am, surrender the keys or management will seek every legal remedy available to regain possession of the premises and protect its interest, to include the issuance of a trespass order, criminal mischief and/or illegal trespassing.” Most only read warrant at 9am on the 23rd. Worth a shot.

In Florida you would evict her for having an unauthorized occupant. She violated the lease. If you let her out of the lease you would have a huge problem getting him out.

You would have to evict her but if you are evicting for unauthorized occupant, then you will need to build a case. So lease violations are very important and if you can get some mail that would be great. Or you can wait until rent is not paid.

Have her get a restraining order and then call the police. Once they arrest him then change the locks and do an immediate.

You have to evict both. Its all or none

She has allowed the unauthorized person to move in so he is considered a “squatter” at this point. You will have to evict the whole apt if the unauthorized person refuses to move. Not sure which state you are in but serve a 7 day and when he hasn’t left after the 7 days, turn it over to your attorney. Domestic issues are not complicated when you have an unauthorized and he tries to kick open a door.

Each state has different laws respecting squatters. In most states, it requires legal eviction proceedings to remove squatters. In some states, landlords can be sued by the squatters if the landlord forces entry into the premises themselves while the squatter is “in residence”.

I am with Emma Holland in this. That’s the fastest way to get him out that is if she will do the restraining order !

Arizona- non compliance for a unauthorized guest. They don’t leave a second non compliance, and than attorney to file for eviction

Here in PA since the man is not on the Lease, we legally are not required to have any dealings with him. We can change the locks at the Lease Holders request (perhaps when the man is out of the apartment/at work, etc) and if he returns, it is a private police matter between the Lease Holder and unwelcome man.
The Lease Holder has an obligation to pay her rent and be responsible for any damages, etc.

With that being said, you can also go the route of sending a violation letter to the Lease Holder for the unauthorized occupant which may lead to eviction, but it ultimately is up to the Lease holder to take the measures to move the man from the apartment