Tenent rights?

[bolton113]

I have a 2 family apt. building in Portland Maine. On March 15th, I served eviction notice to a tenant.This person was to be the only occupant of the apt. There were all kinds of problems, namely lots of late parties, trash left out, but the biggest problem was there started to be alot of strange vehicles in the driveway. Sometimes up to 5 strange cars, none of which belonged to the other tenant. When serving eviction, I mentioned that If he could be out before April 1, and the Apt could be rented in the condition he entered on, I would give back the sec. deposit. He aggreed, and actually moved most of his belongings the next day. Here is my question. Appearently, another couple had actually moved in without my knowledge, other than seeing the extra cars around suddenly. The male called me a few days ago to ask if he could rent the apt. I said no, and told him to get out today.He pleaded that they had no where to go, so I agread to let him stay until this Friday. Do they have any rights if he should chose to stay past Friday?
Thanks
Steve

 

[rwhite]

I had the same thing happen to me although I did not tell them they could stay another day or so. In Illinois, they are trespassing. I contacted the city police and they told them to move out right now. I helped them load up my trailer with their stuff and hauled it across town to a storage shed. You should try talking to the local police or the county sheriff.

 

[LL]

Normally, police do not get involved in such things, since they are civil matters. This is not trespassing, because you allowed them to stay, thereby creating a tenancy.

Without knowing anything about the law in Maine, I would bet that you have to go through an eviction with notices and all. I hope that under Maine law you can actually get them out.

Needless to say, letting them stay was a mistake.

 

[bolton113]

I can't possibly see where allowing a person, who is there illegally to begin with, a few days to get out creates a new tenancy. Of course I may be wrong, and I will find out soon enough.
Thanks
Steve

 

[LL]

He wasn't illegally there. You allowed him to stay. One day, a few days, or longer, its all the same.

Maybe you never intended to give him any status, but unless Maine laws are different, I think that you gave it to him.

If he didn't give you any money, maybe you can consider him to have been a guest.

 

[LL]

One moral to this story, in more generality, is,

Never let a tenant move in, or give him keys, not even for a few days, until you have a signed rental agreement.

 

[bolton113]

The moral to the story? What exactly does that mean? He was never allowed, asked, or gave a set of keys, and no money was exchanged, or offered. The language of the written lease specifacilly says that no one can move in, or sublet,etc., without written permission he is simply there by his own design, or will. It does not lend legitimacy to his being there that he is allowed to stay a few days after being asked to leave. Although, you may be right that he will have to be evicted.

 

[LL]

First you say, he was never allowed. Then you say, he was allowed to stay a few days after being asked to leave.

My whole point is that I think that allowing him, even for a few days, was a mistake. I wish you the best of luck in getting him out, and quickly.

Its not a moral of the story, sorry. It's a lesson for us all. Let us know if you have to evict him or not.

 

[LL]

First you say, he was never allowed. Then you say, he was allowed to stay a few days after being asked to leave.

My whole point is that I think that allowing him, even for a few days, was a mistake. I wish you the best of luck in getting him out, and quickly.

Its not a moral of the story, sorry. It's a lesson for us all. Let us know if you have to evict him or not. Maybe there is some way to finesse your way around an eviction even if there is a tenancy. That's why I suggested that he might be considered a guest who is no longer welcome.

 

[bolton113]

He's out! And I guess he and the girlfriend are moving in with another friend somewhere? I wish I knew where, I would call the Landlord. The apt. is in pretty good shape, they left some trash, maybe a half day of clean up and repair to do this am. (Just before the new tenent moves in.) I did get some advice the other day, and evidently, once he was invited in by the tenant, he is legal, and must be served.
Thanks
Steve