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There is no eviction process there..he is not on the lease nor has ever been on the lease..therefore the people that ARE on the lease have to decide if he stays or goes, if you both agree he has to leave then he has no choice in the matter he must leave. If he refuses to leave the premesis simply call the local law enforcement and have him removed..simple as that no matter what State you live in its the same.
If your guest can show an officer that he/she has property, bed or even clothes in the closet, then a cop can not force them to leave... You would have to go through an eviction process...
At least that is what the cop told me when this happen to me... I live in Texas, so I'm not sure if all States are the same on this issue...
There is no eviction process there..he is not on the lease nor has ever been on the lease..therefore the people that ARE on the lease have to decide if he stays or goes, if you both agree he has to leave then he has no choice in the matter he must leave. If he refuses to leave the premesis simply call the local law enforcement and have him removed..simple as that no matter what State you live in its the same.
Hey NighHawk... you should do your homework before you make blanket statements like this.
If this in the state of CA, you are very wrong.
If this situation is occuring in Ca, he would need to be evicted by them.
You need to review the landlord/tenant laws for your state (you did not say where you were from). The father may be considered a subleasee and therefore you may need to go through the eviction process including the 30 day notice, 3 day pay or quit (whatever is required in your state). If he goes on his own, all is well. If not, it could cost you some money. Above all else, follow the laws for your state. If you do not, he could come back at you for illegal eviction. As stated above, you could also have problems with your own LL if subletting was not allowed (though you may be able to avoid as he was a family member). Make sure that you record everything in writing.
Ditto... I agree with this. Great advice. ALWAYS check the laws for your state, county, city, municipality.
OH...and.... READ AND FOLLOW YOUR LEASE!!
I just moved in my new apartment with my girlfriend, which I am the only one on the lease. She and I are having problem. I want her out of my house, what do I do? she invited her son to come down to see the place. He bring his friend and they get into a fight and put holes in my new apartment. I put them out but the mother refuses to leave. I call the police to have her removed and they say be she took up resident here by having mail come to this house I need to take it to civil court and they can not make her leave even though she is not on the lease. Her son and his friend had a fight in my new home and put holes in the ceiling and in the walls. How do I claim the damages, who should pay?
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