Unauthorized Person Living in Rental
You've discovered someone is living in your rental who wasn't approved and isn't on the lease.
Send a lease violation notice. Unauthorized occupants can be added to the lease or must leave.
Start with the lease violation noticeThe order to do this in.
Skipping a step is what gets a case dismissed rather than merely delayed. Work down the list.
Verify lease occupancy clause
Check if lease specifies who may reside in unit and guest policies.
Document the occupant
When did they move in? How long have they been there?
Send Lease Violation Notice
Notify tenant of unauthorized occupant violation.
Get the template for this stepOffer to add occupant (optional)
You can require screening and lease amendment to add them legally.
Set removal deadline
If not adding to lease, set deadline for occupant to vacate.
Three ways landlords lose this.
Self-help eviction
Changing the locks, cutting the utilities or removing belongings is illegal in every state, regardless of how far behind the rent is. It converts your strong case into their damages claim.
Assuming your state works like the last one you read about
Notice periods, deposit caps and required language differ by state and often by city. Verify against the jurisdiction the property sits in.
Waiting too long to get a lawyer
Once the tenant contests, raises habitability, or gets representation, the cost of an attorney is smaller than the cost of the month you are about to lose.
Forms you will need
Keep the paper trail from day one.
Every notice you generate is dated, complete and filed against the tenancy. If this ends up in front of a judge, the record is the case.