Occupant(not on lease) refuses to leave - Posted by Kathleen Cory

Posted by Dee-Texas on July 06, 2002 at 21:08:05:

If she/he is behind on rent start by putting a 3/5 day quit (check landlord laws at mrlandlord.com) on the front door of the property (make a copy and send it receipt requested). Get an attorney (only one that has handled evictions…ask at the courthouse in the recorders office) hit him hard and fast with eviction. Don’t leave notes or deal with him anymore.
You will have to pay for this one. The next time I’m sure you will have all your t’s crossed and i’s dotted the next time around. We all have to learn the hard way.
Good Luck,
Dee-Texas

Occupant(not on lease) refuses to leave - Posted by Kathleen Cory

Posted by Kathleen Cory on July 06, 2002 at 20:02:12:

Question: This couple broke up. The woman was the holder of the lease and she left town.

Her boyfriend refuses to leave the apartment. How can I enforce a non-payment issue if he is not the lease holder?

Will a judge just dismiss the case… because he(the unwanted occupant) is not required to follow the terms on the lease since he is not named?

Or will the judge evict on the simple grounds that this person is staying there without paying.

Has anyone delt with this?

Re: Occupant(not on lease) refuses to leave - Posted by Bruce Lawson

Posted by Bruce Lawson on July 06, 2002 at 21:06:46:

Hi Kathleen,

If the girl left town did she violate her lease agreement? No matter if he is named as an occupant under the conditions of the leaseholder is living in the same apartment. It is not his or hers to make such arrangements unless she paid the lease for the year and has given him permission to occupy the premises, you as landlord have the right to cancel any of your leases when certain conditions warrant. If you know she is out of town and not returning then he is trespassing because the lease in voided he now has nothing that gives him permission to occupy your property, I would notify the authorities and get him and his bum friends out in the street where they belong.

The situation you are experiencing is a tenacy at will and the only way a siuation like that will hold up in court if he remained paying you rent after the lease was over and you excepted it then you have him month to month, and you must provide him with 30 days notice that his welcome in worn out. Now that is only for the lessee, check with a RE attorney.

Sincerely,

Bruce Lawson

Re: Occupant(not on lease) refuses to leave - Posted by Dee-Texas

Posted by Dee-Texas on July 06, 2002 at 20:16:35:

If he’s not on the lease and he’s on your property then he is trespassing…I would call the local police.
Dee-Texas
PS, check with your local RE attorney but in Texas you shouldn’t take payments or partial payments from anyone not on the lease or not paying if you want them out.

Re: Occupant(not on lease) refuses to leave - Posted by Kathleen Cory

Posted by Kathleen Cory on July 06, 2002 at 20:37:27:

Thanks Dee. I need to clarify. He is named as an occupant on the lease, but he is not financially bound by the lease-he did not sign it or anything. So I am not sure if he is trespassing.

I did leave a big poster sized sign on the entrance telling him not to enter without calling me first. I wrote that I would let him in to get his things. But… He broke in(without keys)He is in there with a pile of friends.

I considered calling the police, but since he is named as an occupant, I think that would be his loophole.