It almost seems like a Jerry Springer episode. My wife went to check on our rental property in Florida after the Hurricane with an adjuster. We live nearby. The tenant says hes been in NY dealing with a child custody cast. She found some homeless people living in our house. He is late on the rent this month and in NY. He says they area his friends but my wife clearly sees they have stuff and beds in their rooms. the tenant has been a problem in the past. he still has a dog that is not on the lease and has told us on multiple occasions it was gone. Do we contact the police and have these people removed from the property? if so how do we prevent them from getting back in? change the locks? is the property considered abandoned? we have contacted a relistate attorney but were looking for opinions.
@David Hendry post a three day notice to pay or quit. Put on there the tenants name and "all occupants " . Once that expires, then you can file for eviction. Just hope that he doesn't pay, you don't want these "friends " in your property.
If he does pay, then you deal with the unauthorized guests. This requires a 7 day notice or non compliance with opportunity to cure. May be a good idea to get a good landlord tenant attorney
Braking and entering is different than established residency. The police usually determine which is the case when they are called out. If it's established residency whether the landlord authorized it or not you must go through eviction.
The police will say it is usually a civil matter and nothing they can do until you go through the courts if residency is established. Police will generally run their information when they go out and if they have outstanding legal issues they might be arrested. That still does not get rid of personal property and each state has various laws and procedures for that.
You need to contact your local eviction attorney who specializes in these types of things.
Sometimes you have them sign something giving up their rights for cash for keys to leave.
If they are breaking and entering then criminal trespass and the police can usually remove them from the premises.
No legal advice given.
Evict. Be sure and name ALL parties. If unknown, your filings would be something like tenant, unknown occupant #1, unknown occupant #2, etc. Best to get legal help to get it done right the first time. Obviously, the tenant NEEDS TO GO!
Probably cheaper if you just try to offer them some cash to leave.....
It's not clear from your post whether the actual tenant is just temporary gone or has officially moved out. He's in New York, but is he planning on coming back and living at the house? If he has a lease and has allowed 'friends' to move in, then they have received permission and thus did not trespass.
Ask the tenant and if he's moved out, that he will have an eviction on his record, if he doesn't make sure that his friends are gone. Explain that that can make it difficult for years to come to rent anything else and might hurt his custody case. Give him a reason to work with you and get them out, instead of saying 'who cares?'!
Michaela G.The tenant is temporarily in NY. He thus far has paid $700 in rent for the month and is behind $300 with daily late fees. we are working with an attorney now.
Thanks so much. I am tempted to call the police but they have permission from the tenant. however in our lease we have a no sublease clause and no visitors for more than 5 days. Im concerned if I call the police there will be retaliation. damaging the property. ive heard of people pouring concrete in the toilet etc.
Twice mywife is been out there 1 came out waving his
hands scaring her. I may call the police to post the 3 day. I cant now since its Columbus day. I also had to wait the weekend from the attourney. they have a lease from when the previous tenants wife occupied the property. I don't think they even have the lease//??
@Kim Meredith HamptonThanks for the reply. I plan to post one tomorrow. Im not sure if I need to follow the letter of the law since they are not in the lease. however they do have permission from the tenant. I may call the police but am afraid of retailiation. also if I get them out and change the locks to keep them from coming back, can I do that with a tenant in NY that plans to come back? also what do I do with his stuff? I may also try paying him his full security to get him out.
The police are not going to help with this. You need to do an eviction.
You can not lock them out. The tenant gave them permission and thus you'd have to follow the law for eviction.
Update. I offered my tenant " cash for keys" to get all of their " friends" out of the house and leave it in decent condition. It went well, he took it. The house was a little beaten up but my lawyer informs me I got off good considering eviction would have been around $1500. Thanks for the help. David