I want to get rid of an occupant who has stayed too long as a tenant’s guest. What are my options?
Despite the landlord’s policies and rules, it is not uncommon for a tenant to move in another person or persons. A lease clause that sets reasonable limitations on guests and overnight stays can help prevent tenants from moving in their family members or friends as their guests. These guests often become the full-time occupants who were never qualified under the landlord’s standard tenant screening and selection standards. Lease violations that are not cured when discovered could lead to claims of discrimination and unfair treatment by other tenants and applicants.
A landlord can serve the tenant with a notice to cure or quit. If the problem is not cured by compliance with the lease agreement (i.e., removing unauthorized occupants) or vacating within the number of days specified in the notice, the landlord may terminate the lease agreement and file an unlawful detainer action. Some states allow landlords to terminate a tenancy without giving the tenant an opportunity to correct the problem, however, many do not.
Many judges will require that the lease agreement have appropriate, defined language addressing the specific issue of unauthorized occupants as a prerequisite for filing for eviction. This type of eviction action is sometimes difficult to win, as the difference between a guest and an occupant is subjective at best. A landlord filing for eviction bears the burden of proof of a lease default.
A landlord could file for eviction of the named tenants and any John and/or Jane Does residing in the rental unit for breach of lease for other reasons, such as rent defaults, disturbance, etc. If the landlord is awarded a judgment for possession, all occupants would be removed from the rental unit.
If the occupant poses a threat to people or property, in some states there may be provisions for an accelerated notice period for eviction actions.
If the tenancy is month-to-month, a landlord can simply serve the appropriate written notice for termination of tenancy and avoid the need to prove a default. For fixed-term lease agreements that are near the end of the lease term, a landlord may choose to notify the tenant that the lease will not be renewed.