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UNAUTHORIZED OCCUPANT REFUSES TO LEAVE

By
Real Estate Agent with Real Living All Florida Realty

I am sure that every state and perhaps certain areas or towns have specific regulations as to getting someone who is not on a lease or does not own the home to move out.  I am currently dealing with a situation of a tenant who allowed a friend to move in then decided they wanted him to move out.  By this time however the friend had mail coming to the address and had turned on cable in his name thereby establishing occupancy.  Law here does not allow for us to just move him out, he must be evicted. 

Since the tenant was no longer willing to live with him she instead moved out breaking her lease.  However her friend still remained.  Just by allowing to have him to move in with out following procedures also was a violation of her lease.  Worst for her is that if we have to evict the friend she too must be named in the eviction which could blemish her record.

In the future I do intend to emphasize the clause of the lease that deals with visitors.  Tenants need to know in advance what the consequences may be.

 

Posted by

  Jackie Cross

Real Living All Florida Realty

Comments(2)

Roger Stensland
Keller Williams Realty Puget Sound - Maple Valley, WA
Let's Move!

Yeah, but, Jackie, that stuff happens to other people, not me.  We all know people like that.  I'll bet you do everything in your power to ensure that this never happens again.  Up here, some agents allow 3 days after closing for the seller to move out.  Because of the liabilities involved, I never allow that.  My job is to always protect my client and look out for their best interest.

May 21, 2013 02:30 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

In a way the tenant on the lease is responsible for the tenant from hell. Apparently someone is paying rent. Are they current on the rent? If not the eviction gets easier. Just go thru the steps and move on.

May 21, 2013 02:34 AM