Check with your rental office about the particulars of your lease. Many lease agreements don't allow long term guests or borders who are not on the original lease. So by having them there, you may be in violation of your lease. If this is the case, the rental office may be able to help expedite their departure.
I will say a prayer for you that you find a peaceful solution to this problem.
2007-09-25 16:40:39
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answer #1
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answered by Mortgagemom 3
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Essentially the police are correct. However, if another rent payment comes due do not take a dime. Meanwhile, yes, you have to evict them. however as the other person said you could just get them arressted. BUT--you could be aressted also for having the drugs around your child, and if they claim the drugs are yours, well, you all go to jail.
You are also allowed to evict for illegal use of the premises, and illegal activity.
No tresspassing--yes, they could do that, but I doubt it would work.
You may have another problem--the management can probaly hold you liable for any damage they cause since you probably are not suppossed to allow anyone other than whomever is on the original contract to live there. thus you have possibly violated your lease.
However, it is possible that under contract law your contract with your friend may be invalid as you may not have been allowed to sub-let in the first place.
BUT a little known law in many states is that you or the police cannot just throw somebody out of where they are living--contract or no contract.
I assume you gave her a key, thus you gave her permission to come and go at will.
If your landlord will let you out of your lease or rental agreement you should probably just move yourself and then they will be sqatters and the management will get them out.
Change the locks, yes, but illegal.
I'm sorry you have learned the hard way--never ever rent out part of your home without very strict rules, all money up front, and to a responsible person. With a viable and specific rental agreement (you can get them online or at stationary stores.) And first make sure it is even legal for you to do so.
Best Wishes!
2007-09-25 16:44:45
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answer #2
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answered by deigratiaamen 3
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You call this person a friend?
Yes, you are in violation of YOUR lease by having someone live there that is not on the lease. I am amazed your landlord has not been on your case if they know what is going on & the cops have been as frequent as you stated.
Your friends are "squatters". There is not much your landlord can do either. They can send a letter but it doesn't mean your friends are going to vacate.
If I were you, here is what I would do. When they leave the house, have someone ready to change the locks while they are gone. While the locks are being changed, you gather their personal things & sit them outside. Notify your landlord of what you are doing. Assure him/her that this will never happen again. You were trying to help a friend & she took advantage of you & the situation.
You realize if you don't do something to actively get rid of them & someone calls the cops, you are gone too? They will arrest you too & you will have a baby to think of. I am sure you don't want to lose your baby.
2007-09-25 16:56:29
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answer #3
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answered by Anonymous
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The police could arrest them since you could let them in while they are smoking . . .
But as soon as they make bail , they would be back .
So , Ask your management company ,
We don't know their policy .
Convince them you are trying to resolve the problem and request their assistance .
They are not on the rental agreement , and the company may have a limit for visitors .
Also , when they are out , I would change the locks .
Let them take it to court if they want to quibble .
Put their stuff in a box and leave it at the management office .
Do not let them in again after you change the locks .
I do suppose this has been an effective learning experience and you will not endanger your baby further .
>
2007-09-25 16:22:50
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answer #4
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answered by kate 7
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You are violating your lease agreement and the landlord could ask you all to leave. I am a landlord in NC and would handle the situation in the following way....
I would first inform you by letter that your guest are obviously there unauthorized by me. I would inform you that they had to leave and would also tell them to their face that they were no longer allowed on the property. I would then inform the police department that they were banned from the property. Once the police know that they are banned by the property manager they will arrest them anytime they are found on the property. They will also be charged with tresspassing.
I would have a talk with the property manager, let them know exactly what is going on and ask for their help.
2007-09-26 01:37:17
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answer #5
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answered by brandyrhi 2
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