Eviction of my tenants guest ?

Question

Hi .. I've been renting to someone for 6 years. We have a great relationship and never had a problem. We do not have any kind of rental agreement or lease. It's month to month with no paperwork. About a year ago, he let a guy move in with him that was down on his luck... Big mistake.. The guy dosent work , and has never paid any rent. Not to him or me. My tenant and I both want him out.. I also have had things come up missing around the property. And we with good reason to suspect drug activity when my tenant is working. .I told him that he needed to go. He told me with a lot of loud vulgarity , that  he was not going ! ... I would like to know what my rights are, and how do I get him out ? I live in Marion county Alabama.Thank you in advance for your help.

Denise Evans · Answer

In Alabama, you have no legal relationship with your tenant's guest. If you had a written lease that limited number and identity of allowed occupants, you might have some rights, but you do not have that. The guest might be a tenant of your tenant, which makes him your subtenant but still no legal relationship with you, just a legal name. If the guest will not leave voluntarily, then your tenant will have to file an ejectment lawsuit or an eviction lawsuit, depending on what a court rules their legal relationship is. It's safer to file ejectment and eviction both in Circuit Court. Your tenant can file eviction in District Court, but not ejectment. So, if filed in District Court and the judge rules it is is not a landlord/tenant relationship, your tenant will have to start all over again in Circuit Court with ejectment.

Month to month leases are terminable in Alabama on 30 days written notice.  Give your tenant 30 days notice of termination. Tell them you are willing to re-rent AFTER the guest is gone. Send a copy to the guest. If necessary, you can file eviction against your own tenant and name the guest as an additional defendant whose rights are to be terminated when your tenant's rights are terminated.

Go to the District Clerk's office in Marion County and ask them for the names of two lawyers who seem to file the most eviction lawsuits. Be sure to say you are not asking for a recommendation, because they are not allowed to do that. You are just asking for a statistic, that's all. Contact those two lawyers. If you ask in advance, most lawyers will not charge for an initial consultation.

James Wise · Answer

You aren't evicting your tenant's guest. You are evicting your tenant. This doucher is just as much your tenant as the 1st guy. Personally, I'd evict both of them.

Wesley W. · Answer

It depends on your jurisdiction, but you have the gist.  If pressed, the "tenant" will have to prove they've resided there for at least 30 days (YMMV).  Some of the ways they will do that in front of a judge are what you've mentioned.

Hopefully one the lessons you'll be taking away from this is always have a written lease and make sure all the provisions are being adhered to.  Mine has provisions regarding unauthorized occupants and visitors.  Pay an attorney to help you draw one up.  It's money well spent.

Colleen F. · Answer

@Robyn J.   ok so your tenant has tried but apparently not hard enough and this guy is digging in. If drugs are an issue he can try to get the guy arrested off site especially if he knows  where he is selling stolen property or if he has drugs on him. Not sure if he can just ask you to change the locks if this guy is a guest. Might not be possible.    As far as getting him out what you might have to do is an eviction but it also can be an ejection which is harder. This is for someone who didn't rent from you.  My brother had to do this for someone who came to his house and would not leave but was not a tenant and no rent agreement was ever made. I am not sure if you or the tenant would do the ejection action but it is the case if no rent is involved and took somewhat longer. This was NJ so not sure about Alabama. He had to use a lawyer.

Patrick O'Sullivan · Answer

Hi @Robyn J.,

That sounds like a really tough and frustrating situation, especially after having such a good relationship with your long-term tenant. You’re definitely not alone in dealing with something like this.

Since there’s no written lease, the law often defaults to how long someone has been living at the property and how they’ve established residency (like receiving mail, bringing in furniture, or staying for an extended time). In most states—including Alabama—once someone meets those conditions, even without paying rent, they’re usually considered a tenant and must be removed through a formal legal process like eviction or ejectment.

A few things you might consider:

• Written 30-Day Notice: As others mentioned, you can serve your current tenant a 30-day notice to terminate the month-to-month tenancy. Let him know you’d be open to re-renting after the guest is out. Send a copy to the guest as well.
• Eviction/Ejectment: If the guest refuses to leave, and your tenant can’t or won’t remove him, you may have to go the legal route. That could mean filing for eviction (if a judge sees him as a tenant) or ejectment (if he's seen as an unauthorized occupant). It can be hard to predict which the court will choose, so some people file both, just in case.
• Documentation: Keep a record of any issues—missing property, disturbances, or suspected illegal activity. That can help if things escalate or you need to present evidence in court.
• Legal Guidance: It might be worth reaching out to a local attorney who handles landlord-tenant cases. As suggested earlier, the clerk’s office can help identify lawyers who regularly handle evictions in your area.

Written 30-Day Notice: As others mentioned, you can serve your current tenant a 30-day notice to terminate the month-to-month tenancy. Let him know you’d be open to re-renting after the guest is out. Send a copy to the guest as well.

Eviction/Ejectment: If the guest refuses to leave, and your tenant can’t or won’t remove him, you may have to go the legal route. That could mean filing for eviction (if a judge sees him as a tenant) or ejectment (if he's seen as an unauthorized occupant). It can be hard to predict which the court will choose, so some people file both, just in case.

Documentation: Keep a record of any issues—missing property, disturbances, or suspected illegal activity. That can help if things escalate or you need to present evidence in court.

Legal Guidance: It might be worth reaching out to a local attorney who handles landlord-tenant cases. As suggested earlier, the clerk’s office can help identify lawyers who regularly handle evictions in your area.

Hopefully, things don’t get more complicated, but you're taking the right steps by seeking advice early. Wishing you a smooth resolution soon!

Robyn J. · Answer

What exactly by law makes someone be a tenant and not just a visitor ? Receiving mail at the address ? Utilities in his name , etc ??

Scott Nachitilo · Answer

It's really frustrating dealing with an unwanted guest who’s lived in your rental for a year. As per law, he’s likely considered a legal tenant, even without paying rent. That means you can’t just change the locks or kick him out; you have to go through the legal eviction process.

Since there’s no lease, serve a 30-day written notice to both your original tenant and the guest, ending the month-to-month tenancy. If they don't move out after 30 days, take them to district court for eviction (Unlawful Detainer). You mentioned your original tenant wants him gone too, right? Team up with your first tenant; their help during this process (such as letting you in if needed) can make things easier.

Also, keep a log of any problems like missing stuff or signs of drug use. It's a pain, but sticking to the rules keeps you safe if things turn ugly. A local landlord-tenant attorney can guide you through this.

Eviction of my tenants guest ?

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