I rented my house, tenants sublet the basement how can i legally evict the tenants from the basement?

Answer 1

It is still your house. You can evict them. The exact procedure varies by state and even county. You have to go through the same PIA steps that you would if they were legal renters. There MAY be a local squatters law where you live, you can look into that. Of course if you gave permission for a sub-lease they are not squatters, so that would not work for you.

Answer 2

Your legal tenants have rights to the property. So the simple answer is you have to motivate the legal tenants to solve the problem. Let me make this real simple. There is good faith and bad faith, once those tenants show bad faith, get rid of them. Do not look back. You have to make it crystal clear what you want done and when. Any reasonable person when faced with an eviction and damages, would not hesitate to make the subleters move out.
Post a notice on each of the doors, take a witness with you, that states only the people listed on the lease are allowed to reside at the property. Also state that the legal tenants need to contact you immediately. If it is a couple call both of them at work and leave a message, if they can't take calls leave an urgent message with their manager that you are their landlord they need to call you. Again if this does not wake someone up, you have your answer.

State that you need access to the property to inspect the furnace and they need to call you to arrange a time. If they do not respond then after 24 hours (as your lease should state) you can enter the property. From there you can tell if someone else is living there. If so and the tenats have not contacted you, file a three day evication notice and post it at the house. Then if that does not motivate them you have your answer. Remember they have already acted in bad faith, they knew exactly what they were doing and that is not permitted by the landlord or the city codes.
Good luck

Answer 3

I don't know where you live, but here in NJ if you don't have a lease at all or a lease that does not specifically prohibit subleasing ... you can't do a thing about it.

Is the basement a legal apartment? If not, you could try and evict them on that basis but you really should check with a lawyer first because in many places renting someone an illegal apartment carries stiff penalties. In NJ you have to pay the tenant of an illegal apartment 6 months rent as compensation. As the actual owner of the property you would be responsible for that payment.

Answer 4

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Answer 5

If your lease addresses subletting, you would go by the terms of the lease. If it forbids subletting, you simply evict the basement tenants with the same procedure you would use to evict the primary tenants. The only way you wouldn't be able to do this would be if the lease specifically allowed it.

Answer 6

There are 2 ways to decide the issue. 1. The charges of the electricity , water and heat should be equally divided among the 2 tenants and the owner. So. each one of them will pay 33 p.c. of it. 2. It should be divided between the 2 tenants in terms of the rent paid by them. The more the rent, the more the bills and bill of heat can be paid by the owner.

Answer 7

it SOUNDS LIKE you rented the top part of a house that has a basement. it SEEMS LIKE you are saying that a different tenant rented the basement apartment and that s/he subletted it to another party.

if that is what you mean, there's nothing you can do except ask the landlord what s/he can do to make the sublessee move. it depends on what the basement's lease says. (if your lease says nothing in reference to the landlord renting out the basement apartment, then you can do nothing about who it is rented to: it is up to the landlord, not to you, the tenant).

Answer 8

From what little you gave us to go on it sounds like your hosed! If you rent a house and allow other people to live there.

1: you are probably in violation of your lease.
2: most municipalities consider someone who lives there for a period of time to have established tenancy.
3: If you do not own the property you most likely have no legal recourse to file an eviction.

Depending on the laws of your area and your circumstances you might be best to talk to your landlord about getting them out.

If they are just staying in your basement the only recourse in most areas is to evict all residents at once.

If the problems elevate to the level of being violent or dangerous you may be able to get a restraining order of protection.

Answer 9

Ed... I suggest you kick both those rats out. The tenant and the sublet tenant... Best thing to do is hire a good eviction attorney... usually runs about $500 which includes all fee's. But if they fight it.... then the fees might run alittle more.. but still worth it.

Answer 10

Most standard rental agreement have the clause that the tenant can not sublease, rent out, transfer tenant, replace parties, etc. All of these items would void the rental agreement, you would have ground to evict all parties that are living at that address.