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Best Way to Evict Someone Not on the Lease

Marble Team Author Image
Written by
Marble Team
December 6, 2022

Most landlords demand that the lease or rental agreement be signed by all individuals residing in a rental. Additionally, most leases and rental agreements expressly forbid non-signers from residing in the rental and place a cap on the number of days visitors may stay there.

It's common for tenants to let a friend or a significant other move into their rental place without the landlord's knowledge, though doing so might violate their lease agreement. 

What, then, is the best way to evict someone, not in the lease?

Determine whether they are a tenant, a roommate, or a guest.

Since many states have different removal procedures for the various living arrangements, it's important to understand the distinctions between a guest, a roommate, and a tenant before we delve into your choices for evicting someone from your property.

Deliver an eviction notice or contact law enforcement

Depending on the state in which your property resides, you might have to take legal action to evict an unwanted person. In some areas, you can contact the police directly to have someone removed from the property without filing a lawsuit first.

The following details should be included in an eviction notice (if necessary):

It is crucial you ensure the individual you seek to have removed has received the notice correctly; otherwise, your legal case could be dismissed.

The following are some of the most typical permitted delivery techniques:

Start the eviction case.

Depending on the state, you can file many court proceedings to have someone removed from your property, whether you own it or rent it.

They may be known as:

Show up to the hearing.

The individual who filed the court lawsuit must appear for the hearing, or the case will be dismissed in states requiring one to get rid of the undesired party. The landlord must appear at the hearing if they brought the legal action. In most states you can hire an attorney to represent you in court as well.

The unwanted tenant must vacate the property if the judge finds it in your favor. If not, the court will decide that the unwanted tenant is not required to leave.

Submit an Appeal

Finally, you may submit an appeal if the judicial officer rules that the unwelcome occupant is not required to leave the premises.

This entails submitting a notice of appeal as soon as the initial court issues its decision. Most states have a deadline for filing an appeal, ranging from a few days to a month after the decision is made.

In most states, a decision in an eviction case can only be changed if the lower court committed a legal error in reaching its decision. Ex: failing to invite witnesses 

Depending on the state, appeals may take a few weeks to a few months and involve additional filing costs.

Final thoughts

In the best-case scenario, you would never have to evict a friend, visitor, roommate, or family member. The legal criteria in your state must be understood, though, if that does need to happen. Check in with your tenant regularly to make sure visitors are staying temporarily. 

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