Laws about renting residences ?

by **muireach** » Fri Oct 28, 2011 8:36 am

If a person has resided in a residence with the approval of both the tenants as well as the manager for over 30 days but isnt on the rental agreement is that person legally suppose to be served a 30 day or any type of notice before being made to leave? Also is it illegal to get rid of a persons personal belongings before that person is given a 30 day notice after residency has been established?

by **fiacre68** » Fri Oct 28, 2011 8:39 am

That depends. Did they pay rent?

by **achimelech51** » Fri Oct 28, 2011 8:43 am

Yes, the person has established legal residence on the property. Not paying rent or not being on the lease has nothing to do with it. You need to to go court and formally evict him if he refuses to leave on his own.
As for his property. You cannot just dispose of it. Each state has their separate laws on how to handle abandoned property. You would need to give the person a chance to retrieve his stuff. Again, check your state laws on how long you have to keep his property before you can throw it away.

Good luck

by **kalvin71** » Fri Oct 28, 2011 8:50 am

If that person isn't on the lease or listed as an occupant..then they do not have the legal right to be there. Just being there without being on the lease does not establish legal residency.

That person might be a roommate to the existing tenant...but..not a legal tenant.

The roommates have an obligation to take reasonable care of property left in their possession.
Once the owner of the belongings left behind has been told to remove it... they must take responsibility for their own stuff.

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