Does my rogue tenant's niece have any rights?

Question

In December one of my tenants went rogue. After many attempts to reach him, I got in touch with his family who said he had a heart attack, was in the hospital, and not doing well.

In the interim, his niece said she was "taking over his finances" and moved into his unit. Later on, after searching the court records,I discovered that he was charged with two class B felonies, making it very unlikely that he'll return any time soon.

I wasn't sure on his status, so I never had his niece sign a new lease agreement with me. The only lease is the one with the former tenant, who is now in jail.

Fast forward a few months.

She's paid every month, but late, and I need to be prepared in case I do need to file for eviction.

1. In the current arrangement, when she hasn't paid, should I be sending 5 day notices in her name or the absentee tenant?
2. Should I have her sign a new lease or is it easier to get her out without it?
3. Does she have any rights since she's been living there for 5 months and paying me rent, but has no signed lease agreement?

Any other thoughts much appreciated.

Thanks,Luke

David Lee Hall, III · Answer

Sounds like time to add a clause to your lease about being incapacitated! (And time to go check mine)

Charles Carillo · Answer

@Luke Baumbach

I would have her complete a new application, provide pay stubs, pay the fee, perform a background check and then sign a new lease. If she does not want to do this; you need to speak to your real estate attorney.

Honestly, I would be very wary of what is happening. They are lying to you already. I would probably give a call to my real estate attorney first before doing anything else.

Theresa Harris · Answer

Then follow the terms of the lease.  How much notice to you have to give him to terminate the lease?  30 or 60 days?

Luke Baumbach · Answer

@Theresa Harris he was on a month-to-month lease.

Nathan Gesner · Answer

You should have never allowed her to move in. She's a legal occupant now. I would write her a letter giving her until the end of the current month to vacate completely. If she doesn't, let her know you will evict and then she will be legally responsible for all damages.

Theresa Harris · Answer

When is his lease up?  As you near the end of the lease, tell him you are not renewing it and say that he and all occupants need to vacate by the end of the lease.  Hindsight is great, but you shouldn't have let her move in without his written permission and there should have been a time limit of her stay (eg 30 days ) assuming she was in town to help care for him.

Does my rogue tenant's niece have any rights?

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