If my tenants just allowed 3 more adults to move in without my permission, can I demand that they leave immediately?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenants just allowed 3 more adults to move in without my permission, can I demand that they leave immediately?
The lease expired 3 months ago and so the tenants are currently holdover tenants. I own the home and rented to 2 adults and 2 children. The home is currently occupied by 5 adults and 2 children.
Asked on January 9, 2012 under Real Estate Law, Hawaii
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. If your tenant's written lease has expired and you do not like the current occupancy situation of your property, you can serve your tenants and all other adults with a 30 day notice to vacate since the tenants are on a month-to-month tenancy.
If the tenant's do not vacate in the 30 day period, you will need to file an unlawsful detainer action against them and the other occupants if you want them to leave your property.
Possibly the amount of people (seven) in your rental may be in violation of your town's/city's/county's zoning laws giving another basis to terminate the lease.
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 AttorneyPages.com 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.