What Can I Do About Someone I Don’t Know Living in My Rental Property?

If you find yourself in the situation where an unknown individual is residing in your rental property, it is important to take a measured and legal approach to address the issue. This article outlines the steps you can take to solve the problem effectively and ensures compliance with local laws.

Understanding the Situation and Legal Ownership

First and foremost, it is crucial to verify your ownership of the property. Confirm that you are the legal owner or an authorized agent. This step ensures that you have the right to take any necessary actions.

Documenting the Situation

Safeguard your interests by documenting the situation. This includes taking detailed notes and photographs of any interactions or disturbances. Any written or photographic evidence can be helpful in legal proceedings or when communicating with local authorities.

Contacting Local Authorities

If the individual is trespassing, or if you feel unsafe, contact local law enforcement for assistance. Authorities can provide guidance on whether an eviction or removal is necessary. They can also help you determine if the person has any legal rights under local squatter laws.

Reviewing Lease Agreements

As a landlord, it is important to review your lease agreements. These documents often contain clauses prohibiting unauthorized occupants. If you find that the person is an unauthorized tenant, you may need to serve an official eviction notice. The specific requirements are governed by local laws and regulations.

Serving an Eviction Notice

If you are the landlord and the person is an unauthorized tenant, you must serve an official eviction notice. The notice should comply with local laws and regulations to ensure that you follow the correct eviction procedure. Failure to do so can lead to legal issues.

Seeking Legal Advice

Consider consulting with a lawyer who specializes in landlord-tenant law. They can provide you with the guidance needed to understand your rights and the proper legal procedures. Legal experts can also help you draft the necessary documents and advise you on the best course of action.

Changing Locks and Communicating

Under certain conditions, if you have the legal right and it is safe to do so, you might consider changing the locks to prevent further access. However, a more proactive approach includes communicating with the individual. Try to communicate safely to understand their situation and see if they will leave voluntarily. Open lines of communication can sometimes resolve the issue amicably.

Following Legal Procedures

Ensure that any actions you take comply with local laws to avoid potential legal issues. Follow the correct procedures for eviction to ensure that you do not violate tenant rights or local laws.

Legal Strategy for Dealing with Different Types of Tenants

The approach may vary depending on how the person came to be in the rental unit. For example:

Squatters: If the unit was vacant and the person just moved in, you may have a squatter. However, in some states, it may be a tenant if a judge determines that the owner should have known the unit had a squatter. Check your state laws for guidance. Tenants with Legal Rights: If the person was invited by a legal tenant, they have residency rights and you will need to follow a legal eviction process. Unlike a tenant with a lease, they are a "tenant-at-will" or "month-to-month" tenant. You must first give proper notice that their tenancy is being terminated. If they do not leave, you will have to proceed with a formal legal eviction.

As seen in one case, dealing with a tenant who was invited in "temporarily" but stayed much longer than intended can be challenging. A legal tenant whose residency rights were granted "temporarily" and who started using the rental space for unsavory activities could lead to an eviction. Here is a true incident where the situation escalated:

My son’s landlord, an elderly man, agreed to let a woman move her belongings into the garage. The man informed his roommate about it, but the woman didn’t leave after the initial intention. Later, she started living in the garage for "just a few days while looking for a place." That was in February, and the family learned of the situation in March. The problem eventually led to the police being called and an eviction process, as the woman was causing disturbances and even selling drugs and engaging in other illegal activities.

Case Example

The situation was particularly difficult in this case. The woman barricaded herself in the garage, making it hard to remove her. She used various tactics to keep others out, including nailing a door closed and piling furniture against it. After several months of negotiations and complications, legal procedures finally resolved the issue.

Conclusion

Dealing with an unauthorized occupant in a rental property requires a careful, methodical, and legal approach. Prioritize safety and legality throughout the process to ensure a resolution that complies with the law and protects your rights as a landlord or property owner.