Tenant on lease has vacated but not her family - Landlord Forum thread 353871

Tenant on lease has vacated but not her family by Robert (Florida) on August 16, 2017 @14:39

I had a monthly agreement with a tenant. Without my approval her adult children moved in with her. I recently gave her 6 weeks notice to vacate as I am selling the property.

She has vacated as requested, however her adult children have not! They're now claiming I didn't give THEM notice, even though I never had a lease agreement with them. They have never paid me a dime of rent.

What are my options? I want them out NOW. As far as I'm concerned they're trespassing.

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Re: Tenant on lease has vacated but not her family by Anonymous on August 16, 2017 @16:18	[ Reply ]

More than likely, you will have to wait till the date that your actual T needed to be out, and then file in court as if she never left. Then that puts the onus on either your actual T, or her relatives,to come to court, and explain to a judge why they should stay. If no one shows up except you, you should be awarded possession back.

Re: Tenant on lease has vacated but not her family by Anonymous on August 16, 2017 @23:35	[ Reply ]

They are not squatters or trespassers, they are "Unauthorized Occupants". You will need to serve a "Seven Day Notice of Noncompliance With Opportunity to Cure" to your prior tenant by posting the notice on the door of the rental. The notice should state “You have an unauthorized occupant residing on the premises in violation of the terms of your lease agreement”. The landlord needs to act as if the prior tenant is still in the unit, even though most likely the prior tenant will never get the notice. If you have any way to get in touch with the prior tenant, all efforts should be made to do so, as it is possible that the prior tenant does not know that her relatives are still in the unit, and if faced with a legal action may get this person out for you. If after seven days the person or persons are still in the unit, a "Seven Day Notice of Termination" needs to be served. After seven days, an eviction can be filed against the prior tenant. Do not under any circumstances ask for rent or send any other notices. If you do, it will prolong or nullify your attemp at removing the unauthorized occupants.

Re: Tenant on lease has vacated but not her family by P-Bone (NY and OH) on August 18, 2017 @14:11	[ Reply ]

The notice should have said Tenant and et al. or and all occupants, or something to that sort. That way it is the tenant's responsibility (the one you have an agreement with), to vacate the property, including all other occupants. If he/she failed to do that, you would take the ex-tenant to court in order to settle it since it was not properly vacated.

Re: Tenant on lease has vacated but not her family