Eviction Due to Illegal Possession

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:

1. 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.
2. Occupancy Without a Lease:
   If someone occupies a property without a signed lease agreement or legal permission, this could be an illegal tenancy.
3. 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.
4. 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.