How To Kick Someone Out Of Your House Who Is Not On The Lease?

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for specific guidance regarding your situation.

Did you know that one in five landlords face unauthorized occupants in their rental properties? Unauthorized occupancy is one of the leading causes of landlord-tenant disputes. When your tenants allow friends, family members, relatives, or other non-approved individuals to occupy rental properties illegally, you face frustrating scenarios trying to remove them. They can disrupt the living environment for other tenants and raise security concerns. But don’t worry; in this article, we will take you through step-by-step instructions on kicking someone out of your house who is not on the lease and complying with all applicable laws and regulations. So, let’s dive in!

Recommended Article: Tenant vs Occupant: What’s the Difference?

Is It Illegal to Kick Someone Out of Your House in Oklahoma

Yes, in most cases, it’s illegal to “kick someone out” of your house in Oklahoma, even if it’s your own property. This is because the individual’s rights depend heavily on their relationship with you and the property.

If someone is a tenant, meaning they have established a legal right to occupy the property, the process of evicting them generally requires following proper legal procedures. As a landlord, you need to provide notice and, if necessary, obtain a court order for eviction. Attempting to forcibly remove a tenant without following these procedures is considered illegal eviction.

On the other hand, if someone is a guest or has no legal right to occupy the property, the homeowner generally has the right to ask them to leave. However, it’s important to note that the specifics of this can vary depending on the circumstances, such as whether the person has been residing there for an extended period or if they have some form of verbal or written agreement.

If you are facing a situation where you need to evict someone from your property, it’s advisable to consult with a qualified legal professional familiar with landlord-tenant laws in your area.

Let’s talk about the main agenda of the article.

How To Kick Someone Out Of Your House Who Is Not On The Lease?

In the United States, someone not listed on the lease agreement is mostly not considered a legal tenant. This means they don’t have the same rights as a leaseholder and can be evicted. However, it is a complex issue with nuances depending on the specific situation and local laws. While evicting any individual, even a non-tenant, it’s important to follow fair housing laws to avoid discrimination based on protected characteristics like race, religion, or national origin.

Here’s how to kick someone out of your house who is not on the lease:

1. Communicating With Current Lease-Holding Tenants
2. Documentation Gathering and Occupant Identification
3. Utilizing Notices to Quit for Unauthorized Occupants
4. Leveraging Utility Shut-Off Threats
5. Restricting Property Access and Passkeys
6. Filing Police Reports for Trespassing

Step 1: Communicating With Current Lease-Holding Tenants

In roommate or relative occupancy violation cases, the current leaseholder tenants remain ultimately responsible legally for removing their guests. While filing formal eviction proceedings against them remains an eventual option, first focus communication efforts on existing tenants:

• Telephone calls stating occupancy breach accusations and removal expectations
• In-person meetings requiring violator identification and departure timeframes
• Official warning letters threatening lease termination if occupants remain
• Polite yet firm discussions often resolve misunderstandings without immediately escalating to punishments. Tenants may claim family exemptions or attempt excuses but hold firm on verified unauthorized occupant violations.

If they refuse cooperation, then progress to more aggressive stances like utility shut-offs and trespass postings to pressure their support removing colleagues. Without it, their own tenancy faces jeopardy through court filings.

[Also Read: When Does A Guest Become A Tenant]

Step 2: Documentation Gathering and Occupant Identification

Unlike mystery squatters, most unauthorized friend/family occupants prove reasonably identifiable through some combination of:

• Vehicle license plates parked onsite matching tenant associates
• Social media posts and tags indicating cohabitation
• Police report listing involved parties during any incidents.
• Complaints and identities offered from neighboring tenants
• Compiling occupant names, contacts, vehicle information, and photographic evidence begins building a removal case, especially when confirming durations exceeding guest visit allowances.
• All documentation helps justify eventual legal filings against uncooperative holdover occupants should they resist vacating voluntarily when pressed as trespassers.

Step 3: Utilizing Notices to Quit for Unauthorized Occupants

Most states allow landlords to serve immediate written eviction notice upon identifying unauthorized occupants to quit (vacate) the property within a set timeframe or face trespassing charges.

Serving these notices in person, and via mail providing evidence of receipt, establishes crucial legal evidence that occupants knowingly remain on premises illegally without tenancy rights.

Police often cooperate serving these notices for landlords if occupants prove confrontational. While notices alone rarely compel departures immediately, they build the paper trail foundations supporting trespass enforcement.

[Also Read: 5 Day Notice to Quit Oklahoma]

Step 4: Leveraging Utility Shut-Off Threats

Informing current leaseholder tenants that continued unauthorized roommates will result in imminent utility shut-offs (water/electricity) creates leverage since occupants lack independent access as non-customers.

While states vary on actual shut-off allowances and required notices, the imminent loss of vital utilities often motivates reluctant leaseholders to finally insist their occupants leave to avoid shared disruption.

This pressure tactic should prompt cooperation, removing allies, or tenants themselves may flee once utilities get cut. Follow actual local statutes before utilizing shut-off threats for maximum legal compliance and impact.

Step 5: Restricting Property Access and Passkeys

Changing entry locks and passcodes denies unauthorized occupants still on-premises easy future re-entry if they temporarily go out. It also signals the landlord’s seriousness in seeing the violation through.

However, make sure tenants receive proper re-entry means simultaneously per local laws. Rendering premises entirely inaccessible despite any lease breaches could trigger illegal lockout penalties. So, maintain legality while revoking unwanted occupant access.

This physical access denial forces the dilemma of remaining locked out illegally versus departing for good. Follow with trespass postings for police enforcement upon any returns.

[Also Read: How to Avoid Squatters on Your Rental Property]

Step 6: Filing Police Reports for Trespassing

Once unauthorized occupants receive written notice that they lack any right to occupy the rental property, landlords can contact local police departments to make official trespass violation reports if the occupants remain on the property.

Police can then cooperate by physically removing defiant trespassers who clearly know about vacate notices but arrogantly remain on-premises, often destroying property out of spite once pressured to leave.

While signing trespassing charges against them provides only temporary removal before court dates, collaboration with law enforcement demonstrates landlord resolve seeing violations through.

[Also Read: Can Police Remove Squatters From Your Home?]

Understanding Squatters’ Rights vs Renters’ Rights

Landlords rightfully feel violated when unauthorized occupants take up residence in their properties against clearly outlined lease restrictions. However, their lack of tenancy cannot override certain basic rights in terms of forcible removal:

• Renters maintain legal occupancy even if behind on rent until fully evicted by courts after formal notices. But they are responsible for removing guests.
• Guests who stay beyond temporary visits against written lease clauses can be reported as trespassers but cannot be forcibly removed on the spot without court filings.
• Squatters who break into properties with no previous ties to tenants or owners hold no rights and face immediate police extraction if discovered.
• Never attempt forced removal yourself, no matter how defiant the occupants. Once documentation and notices build the eviction case over time, proper procedures must be followed.

[Also Read: Top Legal Reasons For Tenant Eviction]

Serving Eviction Notices on Original Leaseholder Tenants

If efforts unsuccessfully persuade original leaseholder tenants to rein in their violating colleagues who refuse to depart on demand, formal eviction filings against the leaseholders themselves become the ultimate path forward as unwelcome occupants are classified as their guests within occupied units.

Review local landlord/tenant laws before serving notices then proceed through proper court procedures against defiant original tenants breaching their lease contracts through unauthorized co-occupants.

While delaying desired results, this full eviction process provides legal power to regain premises control and remove all parties through police enforcement of the eventual eviction order if needed.

[Also Read: Oklahoma Eviction Process and Timeline]

Hiring Attorney Support for Removal Filings

Navigating the fine line between firmly upholding lease contracts yet avoiding retaliation missteps benefits from experienced attorney guidance when trying to evict someone who is not on a lease agreement.

Lawyers ensure filings follow local statutes precisely, judges consider cases favorably, and rulings ultimately uphold landlord rights, removing violators through legitimate processes without misapplied force.

While adding costs upfront, proper legal removal strategies can save expenses through firm resolution versus protracted violations. Expert support provides optimal outcomes.

[Also Read: What Happens If You Lose an Eviction Case]

Conclusion

kicking someone out of your house who is not on the lease is a complex and sensitive matter, but remember, it’s important to protect your rights and maintain a safe living environment. Seeking help with the legal process from a trusted property management company like Property Management OKC, which is experienced in handling evictions, can ensure you comply with local laws and navigate this complex situation efficiently. With the right guidance, you can regain control of your property and move forward with peace of mind in your home.

FAQs on Kicking Someone Out of Your House