Q: My tenant had his friend move in, I did not give written permission I gave my tenant written violation for that
And another violation which would of resulted in eviction if not corrected and or worked out tenant wrote an agreement of how the other violation was going to be handled (cleaning up Their dogs waste regularly) and the that he and his friend would vacate the premises on or before the 30th of November But again the dog waste isn’t being cleaned up and the dogs Are being allowed to defecate in the area where it is not allowed there was no formal agreement or contract of temporary occupancy nor is this person on any lease agreement. My question is because we had that agreement and signed it for which the third person was involved if I was this if somebody was to argue that was temporary occupancy by the landlord has the right to end at any time is that not right and that being the case if they do not leave and the sheriff will not come remove them until I can go to the courts can I act like they aren’t even there in regards to noise and them using the water electricity?
A: I am having a little trouble following all the curves here but once someone has been there long enough to establish a residence (or does so otherwise by, say, a written agreement), the only lawful way for you to get them out if they refuse to leave voluntarily is by going to court and getting a judicial Order and Judgment restoring the premises to you and kicking them out. If they still refuse to leave, then and only then, will the Sheriff come out (once the court issues the correct paperwork to the Sheriff and you pay the associated fees) and remove them. You are not allowed to do anything different until then - no changing locks or cutting utilities or other forms of harassment. You may be liable to the "tenant" if you do. Questions? See a local landlord-tenant attorney.
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