Can I legally evict an authorized tenant?
I’m stuck with a friend who is living with me but did not sign the lease. What happened was I was supposed to be living on my own but then a few months from the date that I moved in I realized that I couldn’t continue paying the rent. So since I’m still locked into a lease agreement, I asked my landlord if it’s possible for me to share the rent with someone else. They agreed and I had an authorized tenant with me.
For the first few months, my roommate was very responsible in paying rent on time, helping around the house, and making sure that he isn’t making a lot of really loud noise that could distract me and the neighbors. However, just about two months ago he stopped paying rent. Since I’m the one on the lease agreement, I am legally responsible for the payment of rent and utilities.
I talked to my landlord about the problem but he said that since I have an authorized tenant who did not sign the lease agreement, that means he is my responsibility. So to evict him, I can either make him sign an agreement that he is willing to move out or I could send him a 30-day notice.
Since he didn’t want to do the first option and that’s understandable because who would want to pass up on the opportunity of a free ride, I sent him the 30-day notice. Luckily, he moved out prior to the end of the 30-day notice so I didn’t have to file for a formal eviction complaint.
So as not to get stuck with a similar problem, you have to be more careful in selecting an authorized tenant. Here are some tips that you could follow:
- Check your lease and see if there is a clause which allows you to have an authorized tenant. If it’s not in the lease, you have to talk to your landlord about it.
- You have to make sure that your prospect for an unauthorized tenant has the ability and means to pay the rent and utility costs. This can be done by asking if the applicant is currently employed. If employment is not available, then your unauthorized tenant applicant must have a stable source of income.
- Create a written agreement that will be signed by yourself and your authorized tenant. This will basically outline your house rules and what will happen if in case he or she is not paying rent.
- Create copies of the receipts whenever you pay the bills and your rent. This way, your authorized tenant is assured that you are doing everything to keep the apartment.
- If there are violence issues between you and your authorized tenant, always file a police report.
Now maybe I was just lucky that my landlord allowed me to have an authorized tenant in my apartment to help me pay the rent. But during the transition, know that there may be circumstances that would require you to seek help against your landlord. Examples are as follows:
- In the landlord requires that your authorized tenant also pay rent to him. That would be considered double rent and that is illegal.
- If the landlord asks your authorized tenant to pay a security deposit, that’s a ground for filing a complaint against him. Since the sub tenant is paying rent to you and did not sign another lease agreement as well as occupied another apartment, the landlord should not be asking for additional security deposit.
If you experience any or both of these issues when you get an authorized tenant to stay with you and share the apartment costs with you, then you can file a complaint against your landlord. Mediation companies like the RPA provide services that would help you settle the problem with your landlord. To do that, you would only need to file the complaint via their complaint center. Here is the link: http://www.rentalprotectionagency.com/complaint_center.php
Edited on: Friday, February 8th, 2013 11:05 pm
10 Responses to “Can I legally evict an authorized tenant?”
February 8th, 2013 11:20 pm
I had a similar situation that I handled it differently. My an authorized tenant was the worst person ever and I should have known better. He won?t leave even after I gave him the 30 day notice and he won?t even sign the paperwork that says he is waving his rights as my authorized tenant. I did not have the money to go through with the whole eviction process so I began to weigh my options. Ultimately, the I figured out that giving him money to get out of my apartment will be cheaper compared to having a sheriff kick him out. So that?s what I did. I paid him.
February 9th, 2013 6:40 pm
I wouldn?t pay a sub tenant to get out of my apartment. He?s the one who stopped paying rent and he?s the one who decided to free ride. I would go ahead and file the eviction because I know that I will win. And if I win, the court will make him pay for all the court costs and that will never easy on him. Serves him right for not paying his rent.
February 10th, 2013 2:00 pm
Give him a girlfriend then you ask him for his rent in front of his girlfriend. He?ll get so embarrassed that he would decide to move out. Or, let the girlfriend do all the work for you. She could ask your authorized tenant to move in with her and that will take care of your problems.
February 11th, 2013 9:20 am
If you have drafted an agreement with him then use that agreement. If not, given the 30 day notice and hope that he will move before the end of that notice.
February 12th, 2013 4:40 am
All that should be a good lesson to learn the hard way. Before signing in lease agreement, you have to think about the future. Would you still be earning the same amount one year from today, would you still be at the same state one year from today? Consider all that and then cross reference your answers to your lease agreement. This way you don?t have to get an authorized tenant and you don?t have to deal with all these headaches.
February 13th, 2013 12:00 am
Unfortunately, since he is your sub tenant your landlord cannot step in. It is between you and him. So you have to deal with him yourself.
February 13th, 2013 10:40 pm
The notice that you would have to give would depend on your state. So better check your state tenant laws.
February 14th, 2013 6:00 pm
You?re lucky if you could get a landlord to accept an authorized tenant. You?re very lucky if your landlord would allow two or more authorized tenants to evict you. But you would be so unlucky if your authorized tenants would not pay you rent. Good luck!
February 15th, 2013 1:20 pm
If I were to get an authorized tenant, I would choose somebody who I have known for a very long time. I wouldn?t want to have a stranger living with me and my own apartment and potentially vista not being the rent to.
February 16th, 2013 8:40 am
It?s about careful planning and making the right decisions that would lead to you not having this trouble with an authorized tenant.
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