Do You Have To Evict Someone Not On The Lease?

Determine Their Legal Status Now

Identify whether the unauthorized occupant is a guest, a temporary resident, a de‑facto tenant, or a squatter before filing any notice. Guests lack intent to remain and pay nothing; temporary residents stay longer but still do not contribute rent or share utilities; de‑facto tenants demonstrate rental‑payment behavior or a documented agreement, granting them tenancy rights; squatters occupy without permission or payment and may acquire rights only after statutory periods. Each category hinges on intent, contribution, and duration, and the precise thresholds differ by state - some count ten days, others 30 + - so consult local statutes or an attorney to avoid misclassification (see Nolo's guide on tenant vs. guest).

A weekend friend sleeping on the couch exemplifies a guest. A cousin who covers half the rent for a month, with the landlord's informal blessing, fits the temporary resident or emerging de‑facto tenant model, depending on payment evidence. A roommate who signed a sublease but never appeared on the primary lease still enjoys tenant protections. An individual moving in with a key, paying no rent, and remaining for weeks becomes a squatter once state‑specified occupancy periods elapse. Recognizing the correct label now prevents unnecessary eviction steps later, setting up the notice requirements discussed next.

State statutes determine how unauthorized occupants are classified, what notice periods apply, and when a court filing must occur; some states label them trespassers and allow a 3‑day cure notice, while others treat them as tenants requiring a 10‑day notice and a formal eviction lawsuit. California, for instance, demands a written 3‑day notice before filing, whereas New York obliges landlords to serve a 10‑day notice that references the tenant‑landlord housing code how states handle unauthorized occupants.

Because local ordinances often modify the baseline state statutes, confirming the exact requirement before proceeding is essential; consulting legal counsel or a municipal housing office ensures the correct form and timeline, preventing costly procedural errors that we'll explore in the 'send proper notice to unauthorized occupants' section.

Eviction becomes required once an unauthorized occupant's stay moves beyond a fleeting guest and triggers a legal tenancy or breach, as we covered above. Recognize the tipping points before costly court action.

• Continuous presence exceeds the period that local law deems a tenancy (e.g., 30 days in California; other states lack a fixed cap but permit notice once regular occupancy starts) - see state-specific tenancy rules.
• Payment of rent, utilities, or other compensation directly linked to the stay.
• Execution of a separate written agreement or amendment that names the occupant.
• Refusal to vacate after a landlord‑served notice that complies with state timelines.
• Conduct that damages property, violates lease clauses, or involves illegal activity.
• Mortgage or insurance clauses obligate removal of non‑lease residents after a set duration.

Settling with an unauthorized occupant outside of court is usually possible if both parties communicate early.

1. Initiate a calm conversation, explain that only lease‑signed tenants may stay, and request a voluntary move‑out by a mutually agreed date.
2. Record the agreement in writing, list the departure deadline, any cash‑for‑keys offer, and obtain signatures from both sides.
3. Deliver the state‑required notice, as we covered above, granting the legally mandated period to vacate; attach a copy of the written agreement for reference.
4. Propose mediation through a local housing agency or free small‑claims mediator; many jurisdictions provide this service at no cost.
5. Keep a detailed log of all communications - texts, emails, photos, and notice receipts - to strengthen your position if litigation later becomes unavoidable.

Nolo's eviction process overview offers additional guidance on notice requirements.

Proper notice to unauthorized occupants must be a written document, dated, and served in a manner the state recognizes as legal.

• Identify the occupant by name or description; vague references invalidate the notice.
• State the violation (staying without lease permission) and the date tenancy must end, respecting the statutory notice period (often 30 days, but some states require 60).
• Include the landlord's contact information and a clear deadline for vacating.
• Deliver the notice personally, by certified mail with return receipt, or by posting on the property's main door - choose the method your jurisdiction deems acceptable (state‑specific eviction notice requirements).
• Keep a copy and proof of service; courts will demand evidence if the matter proceeds to eviction.

A precise, well‑served notice eliminates guesswork and puts the unauthorized occupant on firm legal footing, paving the way for the next step - avoiding costly eviction mistakes.

• Assume a one‑size‑fits‑all notice period. Many landlords apply a generic 30‑day rule, but states differentiate between trespassers, holdovers, or squatters - California may require 3 days, New York up to 30. Verify the exact timeframe for the occupant's classification before sending any notice; otherwise the court will dismiss the case and bill you for fees.
• File without a paper trail of communication. Courts expect proof that you asked the occupant to leave voluntarily. Keep dated emails, texts, or certified‑mail receipts; lacking this evidence forces a restart of the process and adds attorney costs.
• Skip local mediation or alternative dispute steps. Some jurisdictions mandate mediation before a complaint is accepted, while others merely encourage it. Ignoring the requirement can result in a rejected filing, wasted filing fees, and a delayed resolution.
• Resort to self‑help tactics. Changing locks, disconnecting utilities, or posting 'no trespassing' signs may seem efficient, but most states deem them illegal eviction methods. Landlords face statutory penalties, possible damages, and a longer court battle.
• Ignore the financial fallout of a wrongful eviction. Misidentifying an authorized guest as an unauthorized occupant can trigger a lawsuit for damages, lost rent, and punitive awards. Consulting an attorney early reduces the risk of costly settlements later. (Nolo guide on eviction rights and responsibilities)

Talk directly, set clear expectations, and put everything in writing to avoid confusion. Start by confirming that the former partner is now an unauthorized occupant under the lease terms we defined earlier. Draft a short agreement that lists a move‑out deadline - usually 30 days unless state law mandates a shorter period. Include stipulations for returning keys, cleaning, and handling any shared deposits. Keep a copy signed by both parties; this record will smooth any later disputes (as we covered above).

If cooperation stalls, shift to the formal notice route described in the 'send proper notice' section. Serve a written notice that complies with local statutes, specifying the breach and the required vacancy date. Log every communication - texts, emails, mailed letters - to build a paper trail. Consult an attorney to verify timeline nuances, especially in states with 'pay‑or‑quit' requirements. Prepare eviction paperwork now so the process can move quickly if the unauthorized occupant refuses to leave.

Family members who slip onto a rental rent‑free become unauthorized occupants, so the landlord can initiate eviction just like with any other hold‑over tenant. Begin by delivering a written notice that meets the state‑mandated period (often 30 days, sometimes shorter) and states that the occupancy must end.

If the family stays past the deadline, file an unlawful detainer action and attend the scheduled hearing; the court may order a writ of possession. Because notice requirements and timelines differ by jurisdiction, review the local landlord‑tenant code or consult a qualified attorney before proceeding (see how to evict a family member).

A guest crosses into 'unauthorized occupant' territory when the stay appears permanent - regularly receiving mail, paying utilities, or staying beyond a few weeks without clear, temporary intent (state rules differ, there's no universal 30‑day cutoff). As we covered above, the landlord‑tenant status hinges on the totality of circumstances, not a single metric.

Document everything: date‑stamped photos of the person, a log of entry and exit times, copies of mailed letters addressed to them, and any utility bills in their name. This paper trail proves the occupant's ongoing presence and will survive scrutiny if the case heads to court (because nothing says 'welcome' like a court summons).

Issue a state‑compliant 'notice to quit' that meets local form, content, and delivery requirements - typically 3‑30 days, served by certified mail or posting. Tailor the notice to the jurisdiction; a generic template won't cut it. For exact wording, see landlord‑tenant law basics and consult an attorney to avoid procedural missteps.

Prevent future unauthorized stayovers by inserting a precise guest‑policy clause into every new lease, spelling out who may occupy the unit, how long a visitor may remain, and the reporting steps required if a guest exceeds that limit (as we covered above, clear rules deter ambiguity). Require prospective tenants to disclose all household members during the application and run background checks on anyone listed; a written acknowledgment from each occupant that they understand and will obey the policy reinforces compliance. Periodically audit the tenant roster - ask for updated occupancy statements at lease renewal or after a notice of change - to catch unauthorized additions early.

Align the clause with state and municipal statutes, because guest‑stay limits vary widely and some local ordinances impose additional restrictions; consult a local attorney or refer to reputable resources like guest policy guidelines for landlords before finalizing. Enforce violations with the proper notice procedures outlined in the prior 'send proper notice' section, ensuring each step follows legal timelines to avoid procedural pitfalls.