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mikes

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Posts: 1
Reply with quote  #1 
One person just started living there unbeknownst and now has tenant rights. The original occupant went month to month a while back, then he gave his 20 day notice. When he was notified that potential tenants would like to start looking at the unit, he said that his friend has been staying there with him for a few months and will be taking the unit over because he now has tenants rights. I checked with my lawyer and apparently that's the law.

Now there are more people moving into that unit. I immediately posted a notice (and also mailed it) - that him letting other people move in was against the terms and conditions of the lease and that he will be evicted. He replied that since he didn't sign into a lease, that he isn't required to abide by the terms and conditions. Following that logic, it would seem that he wouldn't need to pay rent either since that is part of the agreement.

I won't hear back from my lawyer till sometime tomorrow - till then any advice would be great. My lawyer still hasn't explained to me why I can't just terminate their month to month lease and I'm confused by all this, maybe I need a better lawyer. Also the other people who are moving in to his unit have been using the laundry room. Since they technically don't live here (yet) and they don't have my permission to use my laundry machines, can I trespass them? I'm scared I might somehow get slapped with a retaliation charge. I want them out!
uriel_sanchez

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Posts: 40
Reply with quote  #2 
they have no tenant rights..the person on the original lease is still responsible for their unit, and if you say they're month to month, then there shouldn't be any issues removing these guys..depending on your state, investigate your laws on how to start the eviction process..they have no leg to stand on, since the only way to officially transfer a lease agreement, is to have all three parties involved..original renter, new renter, and LANDLORD..don't let these people scare you..
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Mr. Sanchez

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undergroundlandlord

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Posts: 13
Reply with quote  #3 
Without a doubt they are called vagrants and trespassers by most any state law. I went through that once as well. A tenant moved out and let his buddy move in in his place. I just went to the sheriff's office after a visit to the criminal magistrate and had them taken out on the spot. There is not even a wait time in NC for such foolishness.  One thing which aided my case in this one was the original tenant had returned to me the key after letting his buddy move in. 
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RedFord150

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Posts: 126
Reply with quote  #4 
California allows a LL too serve a 3 Day Notice for certain violations. The Rental Agreement (RA) probably prohibits the tenant from adding any other tenant without his specific consent. Since the tenant violated the RA, the LL serves him a 3 Day Notice and can start eviction (Unlawful Detainer) on the 4th day.

Every tenant seems too be a legal expert on Landlord/Tenant Law. The stuff they come up with is absolutely hysterical.

Good luck.

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