Tenant leaving after 30 days notice,illegal roommate won’t leave

9 Replies

I have a tenant who broke a leasing agreement for only all the reasons possible. Illegal roommate, disturbing behavior and non payment. I sent the 30 days notice to quit. In the last day of the notice he was hospitalized. Couples days after the end of 30 days he called and explained and asked me to open the door to his brother so he can get the tenant’s belongs. The problem is that now, the roomate that I’m said in the notice as one of the reasons to break the leasing agreement, won’t open the door for the tenats’s brother to get his stuff. Can I open the door, without problems? The roommate said he won’t leave. What to do?

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dunno about your state, but in CA, we just give a 24 hour notice to enter. We can stick it on the door, anywhere visible.

If I do that, I take pictures of the notice where it's stuck on, as proof.

Then we enter guns blazing at the 24 hour mark.

As for the illegal tenant, if he's been there over 30 days, you might have an ugly eviction on hand. Otherwise, maybe you can get him out as a trespasser.

post 24 hours notice to enter (assuming your state requires 24 hours. some require 48 I think). then go in. if the locks have been changed, drill them out and replace them. bill this to your tenant.
you should also stress to the outgoing tenant, that the illegal tenants possession of the property works the same as if the tenant never left and the original tenant is jointly responsible for anything the illegal occupant does. stress that you cannot force him out without a lengthy eviction, but him and his brother should do everything in their power to get him out ASAP.
continue your eviction process, and do not stop until you have full possession.

You might want to hire an eviction attorney who's well-versed in these matters.  They typically charge a flat fee and since they're so specialized can usually accelerate the process for you.

Separately, you might want to consider purchasing rent default insurance at some point. That coverage can reimburse you a portion of your lost rent and legal expenses. The cost is pretty affordable and tax deductible.

Good luck!

Aaron