Eviction Due to Illegal Possession
Leena Cherian • February 12, 2025
Causes and Solutions for Landlords
Illegal possession occurs when a tenant occupies a rental property without legal authorization, whether after the lease has expired, without a signed agreement, or through other unlawful means. Investors and landlords may face challenges when attempting to evict tenants in these situations.
Common Issues:
- Tenant Remaining After Lease Expiration:
When a tenant stays beyond the lease term without renewal or a new agreement, it can be considered illegal possession. - Occupancy Without a Lease:
If someone occupies a property without a signed lease agreement or legal permission, this could be an illegal tenancy. - Unauthorized Subleasing:
Tenants who
sublease the property without permission from the landlord may lead to illegal possession, as the sublessee is not authorized to occupy the space. - Failure to Follow Proper Legal Process:
Evicting tenants in cases of illegal possession requires following the appropriate legal process. Attempting to forcefully remove a tenant without proper documentation or court order is illegal.
Solutions:
- Ensure that you provide legal notice to the tenant informing them that their occupancy is unauthorized or in violation of the lease agreement.
- If the tenant refuses to vacate, initiate a
formal eviction process by filing with the court. Do not attempt self-help eviction (e.g., changing locks, shutting off utilities).
- Seek advice from an attorney experienced in
landlord-tenant-law to ensure compliance with eviction procedures in cases of illegal possession.
By following proper procedures, investors can avoid legal pitfalls when dealing with illegal possession situations.