Tenant without a contract

[Peter Chen]

Hi,

I'm sure this is a topic that most have not encountered because of basic due diligence before renting a property.  I have a homeowner who was ready to lease a room in a house to a renter and asked the renter to fill out the proper rental agreement paperwork.  The prospective renter was asked to bring the completed paperwork on the day of the move-in.  On the move-in date, the prospective renter appeared at the house and the homeowner allowed that person to move in.  After moving in, the homeowner asked for the completed rental agreement and an ID, which the prospective renter refused to provide.  Now that person refuses to leave.  

What are the suggested course of action?

Thanks!

[Nicole A.]

So, this is in the person's personal property? Rental laws can be a bit more lenient/easy when dealing with the home you live in. Perhaps they could try calling the police and see if they're lucky to get help that way, but likely the police will say it's a civil issue when they see that the "renter" has a key to the property.

Did the homeowner get a first month's rent and security deposit?

I won't even ask why the owner didn't ask for the paperwork *before* letting this person move in because I don't see how they did any sort of background check...that's irrelevant now.

There is some free legal advice they can get in MD by going to this link:

https://www.courts.state.md.us/selfhelp

What a tough lesson to learn...

[Peter Chen]

The owner wasn't there and just asked one of the other tenants to let the prospective owner into the house.  That person does have a key but no security deposit and no check.

[Grant Rothenburger]

@Peter Chen Ask a lawyer what you can legally do.

[Nicole A.]

I assume you mean prospective renter, not owner. Again, use the link I posted above. There is a live chat and a phone number to call during business hours where one can speak with an attorney/paralegal for free advice on matters such as this. Make sure the person clarifies that this is in their personal home, not a dedicated rental property (at least that's how I've read the situation to be, right?).