Eviction of person not a party to lease

[davidrl]

My niece has signed a lease agreement for she and her two kids. Her boyfriend has also moved in and pays some portion of rent to my niece. There is nothing in writing between my niece and her boyfriend and my niece actually makes the payment to the landlord. As things go, the boyfriend has decided that one girl friend is not sufficient. Consequently, my niece has instructed him to vacate. He is refusing.

While I believe the law provides the boyfriend with no legal rights in this instance, what is the legal means to have him vacated?

dave

 

[Michael Wechsler]

Originally posted by davidrl
My niece has signed a lease agreement for she and her two kids. Her boyfriend has also moved in and pays some portion of rent to my niece. There is nothing in writing between my niece and her boyfriend and my niece actually makes the payment to the landlord. As things go, the boyfriend has decided that one girl friend is not sufficient. Consequently, my niece has instructed him to vacate. He is refusing.

While I believe the law provides the boyfriend with no legal rights in this instance, what is the legal means to have him vacated?

dave

This is always a problem and I don't know what the terms of their arrangement were. To play it safe, this is what I might do.

As he is not on the lease, she may be able to evict him but to be careful she should give him prior notice. Apparently the boyfriend was given the right to be a tenant (in this case it would seem a month to month tenant) and to be extra careful she should give him that 30 days' prior notice officially and in writing, sent certified return receipt to him. I've heard of courts in some counties having some intervention by providing 'service' of the 30 day notice. An example of a 30 day notice is below:


NOTICE TO QUIT

TO _________________________, Tenant in possession:

YOU ARE HEREBY NOTIFIED THAT this communication is intended as a 30 day notice to quit, for the purpose of terminating your tenancy in the premises situated at _________________ in the City of _______________, County of __________________, and State of _______________.

Dated: __________________

Landlord: ______________________

Note that the exact period of time may vary by jurisdiction. Some state 30 days from the date after receipt of the notice, some state that the notice must provide at least one month cycle, e.g. if the tenant pays rent every 1st day of the month then a notice to quit is effective if sent on Feb 15 to evict at the end of March, one full month cycle. In many jurisdictions it is just 30 days from the date after the notice was served.