Q: How do I remove a "squatter" who is mentally ill and drug addicted and destroying my home if she refuses to leave?
I rent a room in a friends home, he has this woman staying with us who is severely mentally ill and heavily addicted to meth. She is systematically and deliberately destroying our home with damages into the thousands (e.g. My kitchen is now completely inoperabe) the destruction is by her own admission malicious and she makes outrageous claims that she is the owner of the house and that the things in it belonged to her in the past even though it is a new construction. My friend/landlord says every day that he wants her out and she is growing increasingly violent and aggressive. But everyday he finds a reason to stall and let her stay even rewarding her with gifts. He will not call the police. I don't have another option for housing currently. She does not pay rent or have a key, I need her out but am unsure what power or control I have if any as a legal tenant. I pay rent and have a lease. Can I personally make her leave?? Please help.
A:
While it is technically possible for a tenant to begin eviction proceedings against a subletting tenant (assuming you have a contractual connect with the woman), serious problems exist if the landlord is uncooperative. Unless the woman is a sub-tenant of you an eviction proceeding would require that you first sue the landlord for the improper dual leasing arrangement (assuming that your current lease agreement covers the entirety of the residence). If you do not have full legal possession of the entire property or a subleasing agreement with the woman, you likely to not have legal grounds to seek an eviction.
The best solution may be to simply leave. In the mean time document the damage (so you cannot be sued by the landlord) and create evidence that you notified the landlord of the damage the woman is doing to the property.
If the damage is severe and/or the other tenant's behavior is unreasonably limiting your quite enjoyment of the property (this a legal concept, not a subjective feeling), you likely have valid grounds for constructive eviction.
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