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[darrell]

So two of my best friends and I rented this apartment last year. After a few weeks, one of them left town.

So we rented her room to this guy and made a 10-month contract. The contract was over last month and we never renewed it.

But now my best friend is coming back to sydney next month and she wants to live with us again. (yeah the apartment is under her name as well and she still has all the furniture and stuff in her room which the other guy is living in)

So I nicely asked the tenant to move out next month cuz the girl who stayed there before is coming back. But then he was so mad and started picking on everything i said. He said he's not gonna move out and that I can't kick him out for no reason. And he also said his father is a lawyer and he would go to the court if we forced him to move out.

I know nothing about the law. I'm a very nice guy so I couldn't fight or argue back to him. I pretty much just listened to his yelling and told him i would think about it. But the contract is already over and I'm not telling him to move out right now. I'm telling him 4 weeks in advance.
Please give me some advice.

[hussein]

You have to follow the local laws regarding eviction, just like any other landlord.

Check your local statutes, they'll have a process laid out, including the amount of notification you must give a person you are renting to without a lease. No place that I know of allows you to evict someone on a month's notice.

[adusa37]

My first piece of advice: When you are asking a legal question you need to identify your STATE (because state law varies) and when you are asking a landlord/tenant question, you also need to identify your TOWN (because some towns give tenants more protection).

If you are not living in a place that requires that a landlord have good cause to evict (like New York, Seattle, Washington, etc.), then you can give him a 30 day written notice to vacate.

If the rental agreement specifically states that he must vacate if the original tenant returns, then you can give him the notice and evict him if he doesn't return.

If the rental agreement you entered into with the apartment owner specifically prohibits sub-letting, then you can try contacting the property manager - who can then issue a ten day comply or vacate notice to force the new guy to move out.

But again, without knowing what jurisdiction you live in, nobody can answer your question completely.

EDIT: Sorry. You posted your question in the USA section. You might try reposting under Australia.