Can I kick out a tenant who is listed onour lease but never signed it?

UPDATED: Aug 4, 2011

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Can I kick out a tenant who is listed onour lease but never signed it?

My boyfriend and I signed a lease to a house. y friend is listed as a tenant, but did not sign the lease. She has been acting out of control and doesn’t speak to us. Can I kick her out, and what is the process for doing this?

Asked on August 4, 2011 Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If she never signed a lease, she is a month to month tenant. You may therefore give her a month's notice (written) that you are terminating her tenancy.

After that, if she does not move out, you may evict her. Note that you may *not* simply change the locks, put her stuff on the street, etc. Instead, you may only evict her through the courts. (An illegal eviction would make you liable to her, which you don't want.) The eviction process takes a few weeks and relatively streamlined, though it is still a court proceeding. Ideally, you should retain an attorney to help you; if you can't afford one or want to do it yourself, contact you local court--they should be able to direct you to instructions, sample forms, etc. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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