Key Steps to Remove Unauthorized Occupants from Your Rental

Answer

Dealing with unauthorized occupants—people living on your property without your permission—can threaten your rental income, violate lease terms and create legal complications. Landlords must follow state and local laws carefully to regain control of their property while avoiding claims of wrongful eviction.

Your path forward typically breaks down into clear, compliant steps. Below is an outline you can adapt based on your jurisdiction’s specific notice and filing requirements.

• Review your lease. Check for an “occupancy clause” that limits occupants and requires landlord approval for additional residents. Confirm whether the lease defines unauthorized occupants and outlines penalties or late-fee provisions.
• Send a formal notice. Most states require a written notice demanding the person vacate. Common notices include:
  • “Notice to Cease Unlawful Detainer” (often 3–5 days to leave)
  • “Notice to Cure or Quit” (gives tenant a chance to remedy by removing occupant)
  Tailor the notice to state law—e.g., California Civil Code § 1946.1 or New York Real Property Actions and Proceedings Law § 711. You can find sample forms at Nolo’s eviction guide.
• File an eviction action. If the unauthorized occupant doesn’t leave within the notice period, file a summary eviction (often called an “unlawful detainer”) at your local courthouse. Filing fees range from $50 to $200, depending on the county.
• Attend the court hearing. Prepare to show:
  • Copy of the lease and occupancy clause
  • Proof of notice served (personal delivery or certified mail)
  • Evidence of non-compliance (photos, witness statements)
  Judges typically schedule hearings 7–21 days after filing.
• Enforce the judgment. If the court rules in your favor, you’ll receive a writ of possession. Local law enforcement will then schedule a lock-out—usually within 5–10 days—during which the occupant must vacate.

Keep detailed records at each stage: notices, proof of service and court documents. This paper trail safeguards you against claims of improper eviction or discrimination.

Alternative solutions may include negotiating a lease amendment to add the occupant formally (and raise rent), or offering a cash-for-keys payment to expedite voluntary departure. These options can save time and legal costs, which often run $500–$1,500 in attorney and court fees.

Before taking any final action, it’s advisable to consult a licensed attorney or experienced local real estate agent to confirm you’ve met all legal requirements in your state.