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Because this person refuses to pay rent to the person upstairs who holds the lease, is asked to move and does not what legal rights does he have? Can the person upstairs change the locks and keep him out or throw his stuff out legally?

2006-07-23 09:20:28 · 11 answers · asked by Lolly 1 in Business & Finance Renting & Real Estate

11 answers

throw his **** on the porch, you owe him nothing.

2006-07-23 09:23:47 · answer #1 · answered by mj 5 · 0 2

Depending on the state u r in the laws differ. However, no one has the right to change the locks or throw out personal belonging without court permission. Once a Restitution has been filed, the leasee has the right to remove belongings. Usually the sheriff changes the lock!

2006-07-23 09:25:40 · answer #2 · answered by lee911 3 · 1 0

It is just like a regular lease. You signed a lease saying you will pay. If you dont pay you dont have a roof over your head. Each state is different with the laws applying to renters. Dont know your state laws so you would have to look into those yourself to find out.
Send a registered letter to them telling them they have XX number of days to vacate. They have to sign for a registered letter. Then take them to court if you have to.
change the locks and throw their things out in the front yard is what i would do. Maybe that is mean but hey, you live here you pay for the roof over your head. I am not married to you so pay your own way.

2006-07-23 09:29:01 · answer #3 · answered by quikone2 3 · 1 0

Nope, that person has to legally evict them. Which won't be hard considering they aren't paying rent. Unless of course, if they have no written agreement to pay rent.
On the other hand, if the person does toss out their stuff without a legal eviction, they can be awarded lots of dough.

2006-07-23 09:25:28 · answer #4 · answered by ? 6 · 0 0

legal aide or fair housing counsel will help you too.
lots depends on landlord tenant law where you live.
illegal tenant give notice and can evict tenant who allows. but sounds like best strategy is work with lessee tenant get other out.
if been there more than 30 days you could be in for a long fight.

2006-07-23 10:11:15 · answer #5 · answered by macdoodle 5 · 1 0

no, legally he cannot change the locks. but he must take out an eviction order, to have you removed. this could take a week or two to sort out first. if you have a problem with the apartment, you should get it sorted, you have some rights, too.

2006-07-23 09:25:46 · answer #6 · answered by greengunge 5 · 1 0

the person downstairs should have their name on the lease or should at least have some contract saying that theyre renting the space. if not, you could potentially be screwed!

2006-07-23 09:24:05 · answer #7 · answered by Lola P 6 · 0 0

It sounds like the person is subletting the space, which can be illegal in and of itself depending on what terms are listed on the contract.

2006-07-23 09:24:34 · answer #8 · answered by Wise ol' owl 6 · 0 0

yup. With no written agreement if the owner wants the person out and he wont leave its tresspassing. Call the cops and have them remove the bum for you.

2006-07-23 09:23:57 · answer #9 · answered by Dan G 3 · 1 0

30 day notice, no rent, you're outta there. Do it legal and the police can remove him...

2006-07-23 09:23:42 · answer #10 · answered by Kaori 5 · 1 0

yes you just hafta have the police remove them

2006-07-23 09:24:25 · answer #11 · answered by laurabelle o 3 · 0 0

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