Tenant moving out, friend moved in and now won't leave

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Tenant moving out, friend moved in and now won't leave

Steven Frey
Mansfield, GA · Member since 2014 · 12 posts · 4 votes

So a current tenant is leaving and in the process of moving out by end of March.  They had a friend (not on the lease) help them clean up the house and the friend has put in a bed and TV while the tenant was moving to new place out of state.  The tenant had told them they could stay until the end of the month.

Tenant has shut off water, power, etc starting on Monday.  So maybe the guy will just get out, but he has put a new lock on the bedroom he took over and installed a mega TV she says.

Police came out because they had a fight, but police that since he put a lock on the bedroom, it wasn't their concern.  The tenant is being helpful about everything.

Can the tenant start the evict process (she offered to pay for that...and I have a security deposit), or should I just wait to see what happens, or start eviction?  I don't know how it works for someone that isn't on the lease.  

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Natalie KolodijBusiness Member
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Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
9y

I would release a swarm of bees into the house and see how things play out. 

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  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    9y

    Here rights of tenancy aren't established for 30 days.  Until then, they are trespassing. 

    But... a lock on the door may be a known trick this person has used before.  Who offers to help someone move, then camps in a bedroom and 'happens to have' a lock with them.  Oh look here.  I'll just put this on the door...

    Here I would call Big Tony to reason with them.  Or I'd go over myself.  I don't put up with this kind of crap.  It's your current tenant's problem technically but overall it's yours. See if they have a large old school friend to end this @Steven Frey.  

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y

    I am wondering in this case can you remove the lock?  They aren't the tenant and they aren't renting from the tenant...  They have damaged the property. 

    I also know in RI if there is an altercation and someone feels threatened they can get a temporary no contact order and one of them has to move so watch out for that one then you will need the eviction...  

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  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Interesting scenario. I would call an attorney Monday morning to find out your options. You might get lucky and they move out since there is no water and electric. It DOES sound fishy though and the new inhabitant may have experience in ripping off landlords. Since they are not on the lease, do you REALLY know anything about them? 

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    I would release a swarm of bees into the house and see how things play out. 

    Podcast Guest on Show Pay Less Tax to the IRS This Year With THESE Real Estate Tax Strategies
    Kolodij Tax & Consulting
    WebsiteView Page
    5Reply
  • Daniel O.
    Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    @Steven Frey you need to read up on your local laws ASAP. It is not common, but some places will actually give the squatter rights after they have squatted for a certain amount of time. Does the lease dictate the right of the tenant to allow someone to stay until the end of the month? If so, you may be stuck. But if not, you need to make it clear to the person in a firm but polite way, that they are not welcome to stay there. If they tell you that the tenant said it was OK, politely explain that the tenant does not have the authority under the lease to give that permission.

    Make sure the utilities are all in your name and that nobody is authorized to turn them on or transfer the name without your permission.

    My recommendation is that you take action to have the person leave voluntarily or be removed as soon as possible. But make sure you are on the right side of the lease and the law when you do so.

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  • Natalie KolodijBusiness Member
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    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    @Account Closed It was a joke. ......

    Podcast Guest on Show Pay Less Tax to the IRS This Year With THESE Real Estate Tax Strategies
    Kolodij Tax & Consulting
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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    So I'd contact the tenant let them know you will be forced to file eviction if the unit is not empty. You file and list "Et El " means all others in living in apartment.. Tell her you'll file the paperwork on the !st of the month.. legally you can't do it earlier.. 

    Let your tenant know you'd be glad to stop by and take off the lock "she" " "hint" put on the bedroom door because she lost the key.. 

    Personally I tell her take your friends crap out once the bedroom door is opened and call me asap to put a new lock on the door to the apartment. Or your going to have a eviction action on your housing record.. and this is the best way to avoid having that happen.

    Power and electric will revert to owner for billing I would assume, on the 1st of the month. tell her she's required to maintain services till the end of her lease. 

    Good luck keep,,, update your post and let us know how you resolved the issue.. 

    Pressure her to comply is your best and easiest method. 

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