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Updated about 2 years ago on . Most recent reply

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124
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Ben Kirchner
  • Durham, NC
42
Votes |
124
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Removing an unauthorized occupant

Ben Kirchner
  • Durham, NC
Posted

I find myself in a sticky situation.  Seeking some experience and advice here.

This is relation to an out of state rental property.  I do not have a property management comapny for it.  I have have maintenance guys in the area that handle periodic things out there. 


The tenant to this unit allowed a "friend" of his stay with him for awhile.  Awhile turned into longer than expected.  The tenant told his friend that he needed to leave.  However, the tenant said that he has a warrant, and his guest used that against him to prevent him from calling the police to remove him.  


My tenant says he is getting his warrant situation taken care of, but at this time, I cannot rely on him to be present along with the police.  I called the police to inquire about having them remove the unauthorized occupant.  They said they could go there to remove him.  However, if he claims he lives there (as he has stayed there for over 2 weeks), I would need to evict him.  


In this case, it seems my best course of action would be calling the police while he is there and hoping he voluntarily leaves.  If he claims he lives there, proceed weith eviction.  If anyone else had experience in this situation, please let me know how you have or would handle this.


Thank you

Most Popular Reply

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9,194
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Drew Sygit
#2 Managing Your Property Contributor
  • Property Manager
  • Royal Oak, MI
5,876
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9,194
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Drew Sygit
#2 Managing Your Property Contributor
  • Property Manager
  • Royal Oak, MI
Replied

@Ben Kirchner First, this person is NOT a squatter. A squatter is someone that breaks in to occupy a home. 

Anyone that is given access by tenant or owner, even if they do NOT have a lease, is NOT a squatter (@Randall Alan).

You can't & shouldn't try to do anything against the "guest", as what law have they broken? Your TENANT has probably violated the guest clause of your lease by allowing this person to stay there. So, you can only put pressure on your tenant to address the situation. May require you to start the eviction process.

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