We rent our house to my stepson.He allows others to stay there and he receives payment from him. How do we get the others out of the house?

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We rent our house to my stepson.He allows others to stay there and he receives payment from him. How do we get the others out of the house?

The “other’s” staying there are my other stepson, his girlfriend, & her child. Alcohol and abusive behavior are main factors. Do we have to file eviction papers to have someone removed who we are not renting to?

Asked on June 3, 2009 under Real Estate Law, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you need to have an attorney in your area give you advice you can rely on, based on all of the facts of your case.  There is obviously a lot more to this story.  One place to find a qualified lawyer is our website, http://attorneypages.com

Eviction ordinarily applies only to someone who is a tenant under a lease, whether the lease is written or oral.  The "others" aren't tenants, except for being subtenants of the first stepson.

It may be that your only choice is to evict your stepson, and sweep the place clean.  If so, the family relationship may not excuse mistakes in the process, and you need to get every step right.


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