Landlord Question and Answer Forum

We rented out our property in Nevada to a couple who were not married. First mistake we made was allowing only the man to be on the lease, but we didn't see it as a problem at the time. The first six months went smoothly until the man moved out and left the woman there alone. She continued to pay rent, but has gotten more and more lax with the due date. She's now a full month behind, and we are ready to evict, but how do we do it since we technically don't have a lease agreement with her? And, BTW, the man has since passed away! We aren't worried about getting the full lease covered (was originally 24 months and we are half way through), but we want to know what's right with the security deposit too. Can we keep it since he's passed to try to cover the last month that's past due in rent? We want to be legal and do it right. Please help!

You must evict this person even if they are or were never on the lease. This is ultimately the only way that you can legally get the squatter out. Make sure to have proof of tenants death and all info proving that the person in the property is not allowed there.

Posted by Susan P, CA on Sunday, June 7, 2015

Regarding deposit - you should be able to keep the deposit since original tenant moved out leaving it and since then has died. As for the other person (the squatter) who was never placed on the Lease - she should have no rights. But if you have been writing out rent receipts to her - she does. By accepting rent from her - you accepted her as a tenant. Thereby she became a tenant - you gave her a verbal consent as well as a written consent by accepting money for the rent at that address. So it comes down to your word against hers if she paid cash. As myself I would send her a late notice after the fifth day with a large late fee added. Notify her that due to repeated tardiness the rent will be going up. Check with your state laws and see how much you can charge and give her a hefty late fee, and check and see how much your state will allow you to raise her rent to - $75 to $125. Second if that doesn't work - send her a written Lease Agreement in her name with inflated rent amount requesting she either agrees to these terms or she needs to pay up and move out. Make it as peacefully as possible but let her know you need her to agree to all your terms or move. mj

Posted by Mary J, CA on Sunday, June 7, 2015

Regarding deposit - you should be able to keep the deposit since original tenant moved out leaving it and since then has died. As for the other person (the squatter) who was never placed on the Lease - she should have no rights. But if you have been writing out rent receipts to her - she does. By accepting rent from her - you accepted her as a tenant. Thereby she became a tenant - you gave her a verbal consent as well as a written consent by accepting money for the rent at that address. So it comes down to your word against hers if she paid cash. As myself I would send her a late notice after the fifth day with a large late fee added. Notify her that due to repeated tardiness the rent will be going up. Check with your state laws and see how much you can charge and give her a hefty late fee, and check and see how much your state will allow you to raise her rent to - $75 to $125. Second if that doesn't work - send her a written Lease Agreement in her name with inflated rent amount requesting she either agrees to these terms or she needs to pay up and move out. Make it as peacefully as possible but let her know you need her to agree to all your terms or move. mj

Posted by Mary J, CA on Sunday, June 7, 2015