Renter didn't sign lease

4 Replies

It's always a good idea to make the tenant sign a lease if they are going to be living in the property, regardless for how long the duration of their stay would be. Unfortunately, something all my mentors have told me is to never rent to family or friends. It causes plenty of headaches when things go bad, and can cause the relationship to go sour. 

That being said, if you're still willing to rent to your relative, it would probably be a good idea to make sure they sign a month to month leasing agreement. It'd probably also be a good idea to speak with your real estate attorney about that and see what they say!

Best of luck to you, Bonnie!

First, know and abide by the terms of the landlord-tenant law for your jurisdiction.

Second, learn the ins and outs of landlording and best practices before entering into a legally binding rental agreement.

Third, your lease will determine what options you have available to you. As long as the written lease is legal, enforce it.

If what happened to you, happened to us, the tenant would be in violation of our rental agreement for moving in an Unauthorized Occupant. We would charge a $50 violation fee for this.

Then, we would determine if we would need the new occupant to leave immediately or if we were willing to allow the new occupant to go through the application process to qualify to live there.

If a guest establishes residency, in the eyes of the law, then they become your tenant.... with or without the lease saying so... and they are entitled to full rights of tenancy. If they don't leave voluntarily and you want them out, you will need to do an eviction. With an eviction, everyone in residence gets booted out, not just the unauthorized occupant!

Originally posted by @George P. :

unless you did things through texts or emails,  u can tell the cops they are trespassing. 

think ahead next time! 

This is not a legitimate solution. The cops will say it is a civil matter. Besides, the person is not trespassing if they were an invitee of the tenant. Also, trespassing laws are quite specific as to what constitutes trespassing, depending on the locale. Most require a warning or postage of signage, before one can claim trespass. There are real remedies to the OP's dilemma. See above. :-)