Unusual Eviction / Tenant Situation

[Jeremy Drawas]

My original tenant was a good guy, but got caught up with some less desirable characters. I built him a wheelchair ramp when he needed it and we had a great relationship. Unfortunately, he associated with a woman who was addicted to heroin and treated the house like a dump. My ppty mgr tried to get him to sign a lease specifically forbidding that woman from the house, but he didn't sign and we moved on.

Unfortunately, my tenant has passed away and this woman has now been squatting in my house (for over 1 month now)! She has never paid 1 day's rent and I never agreed to have her there.

My ppty mgr is telling me that she has rights to be there because she had the approval of my tenant. Feels like she is trespassing. Can I call the police to remove her for trespassing? Do I have to go through the eviction process? Any advice would be appreciated.

[Jiri B.]

Sorry @Jeremy Drawas to hear that. It will really just depend on the lease you had and any other documents. I use the standard Realtor lease agreement, which lists all the tenants that are allowed to stay in the property. So anyone who is not on the lease, is not allowed to stay. Additionally, the lease also states reason for evictions (like drug use).

Just because your tenant allowed that lady to stay, that does not mean she has the right to stay unless you added her to the lease or gave your tenant permission to stay. Which sounds like that was not the case.

However, you can't just call the police to get her out. You have to file an eviction at the court. I'm not an attorney but it does sounds like a squatter but you still need to do go through the right channels. 

File the eviction at the county courthouse, then in about 2 weeks there will be a hearing set. You and that person both present your case and the judge will decide. That lady might not even show up but make sure you do. Then if the judge make decision in your favor, that lady will have i think 10 days to leave. If not, she local sheriff will go to the property and move her out.

You can't just kick her out even if you are sure she is not supposed to be. If you try to do that, change the locks, turn off the power etc, it will make your life much harder at the court and you may pay her damages etc. So just follow the property steps and in 4-5 weeks she will be out.

Hope that helps. Your PM should already know this.