EVICTING FOR UNAUTHORIZED OCCUPANTS

To evict a tenant for having an unauthorized occupant, you first need to have served a proper Seven Day Notice of Non Compliance with Opportunity to Cure.

In order to serve a Seven Day Notice to Terminate, you must be absolutely certain that you can prove to a judge that the tenant has an unauthorized occupant residing on the premises, not just visiting and the occupant was not “authorized” by you or prior management’s failure to act quickly. If the occupant has been on the premises for some time with your knowledge or the knowledge of maintenance personnel, employees or prior management and/or you have accepted rent with this knowledge, you will not be successful evicting as you have “authorized” the occupant by failing to act. This is due to the legal principle of Waiver and Estoppel.

SOME PROOF THAT IS NECESSARY PRIOR TO TERMINATING THE TENANT FOR FAILURE TO REMOVE AN UNAUTHORIZED OCCUPANT

1. Photos of unauthorized occupantAFTER the Seven Day Notice of Noncompliance with Opportunity to Cure has expired.

2. 24 hour Video surveillance tapes or written admission by the tenant(s) that they have an unauthorized occupantAFTER the Seven Day Notice of Noncompliance with Opportunity to Cure has expired.

3. Employees of the apartment community who will testify in court that they know for a fact the unauthorized occupant is still living on the premises AFTER the Seven Day Notice of Noncompliance with opportunity to cure expired and are prepared to show the judge proof.

4. Dates and time the unauthorized occupant was seen on the premises AFTER the Seven Day Notice of Noncompliance with opportunity to cure expired.

5. 24 hour Video surveillance of the unauthorized occupant’s vehicleAFTER the Seven Day Notice of Noncompliance with opportunity to cure expired.

6. Police report where the unauthorized occupant gives your address as his or her address AFTERthe Seven Day Notice of Noncompliance with Opportunity to Cure has expired.

IF YOU DO NOT HAVE A STRONG CASE, YOU WILL LOSE.EXPECT THE TENANT TO DENY THAT THE PERSON IS LIVING ON THE PREMISES.

REMEMBER THE JUDGE WILL NEED TO BE CONVINCED THAT THE PERSONLIVES THERE AND IS NOT JUST VISITING.