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Freedom | How can I prove that an unauthorized tenant is living in my rental unit? |
I am trying to evict a tenant for not paying rent and for many other reasons as well. He has an unauthorized co-tenant living there in the house with him. He claims that he lives there alone and that he is having trouble paying the rent because he cannot find a room mate.
I have met this other person. I know her name and her vehicle plate number. She answers the door when we go there when he is not at home. She is there all the time, but denys that she "lives" there. She says that she is a friend who visits once in a while.
There is a tribunal coming up soon and one of the things that I need to prove is that she does in fact "live" there.
How can I prove it?
Additional Details
He claims that his former room mate left because there was no heat in the house (false information). We can prove that there was heat in the house. The former room mate paid half of the rent. He says that he cannot meet the rent without a room mate. He has paid noting for 3 months and this is one of his excuses. |
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Miz T
 |
The mention of "Tribunal" makes me think you are in Canada.
My understanding of the landlord/tenant laws of Canada is limited--I'm not a lawyer, and I'm in the U.S, which has different laws. However, as I understand it, if the tenant didn't pay the rent for three months and you served him with the appropriate forms ordering his eviction, you next apply to the tenancy board for an eviction notice (we'd just go to district court here). While both parties have the right to a hearing, there are certain acts that can't be remedied and the board can order his eviction. I assume you know all the ins and outs and have complied with the law?
So why the focus on the unauthorized tenant? Why isn't nonpayment of the contractual amount of rent sufficient? If, in fact, there has been a prior hearing and the tenant persuaded the board that he'd have paid the rent had there been heat, then it might make sense to attempt to escalate the grounds for eviction. Or it might make sense to persist in stating that the rent is falling further and further behind while the tenant continues to live in the dwelling, with or without heat.
On the other hand, I now wonder who is paying the utilities for the dwelling and whether or not you can subpoena the utilities bills for the past several months to determine whether fuel for heat was used and whether it was paid for.
Assuming that you do need to prove that she is occupying the place as an unauthorized tenant, have you tried these tactics? 1. Check with the postal service to see if she receives mail there. 2. Check with the cable company or telephone company to see if she has an Internet connection there in her name. 3. Check with the utilities companies to see if she's paid bills for the location. 4. Check the public records to see if her car registration or driver's license give that address. If not, check with the old address to see if she's filed a "change of address" form with the postal service. 5. Send her mail at that address with Return Receipt Requested to get a signature related to that address. 6. Hire a skip-tracer to connect her with that address (although usually skip-tracers find the person, they can also verify addresses).
This must be awfully frustrating for you. I hope you get a resolution soon. |
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Eye_Mac
|
You might try sending a letter to the unauthorized tenant, send it certified with a return receipt.
Letter is in her name to your rental property address and she signs for it. I think that would shift the burden of proof to her to prove she didn't live there. |
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Landlord
 |
You do not need to prove it to include her in the eviction. You should also be able to include "all persons" in the eviction for possession. |
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Princess N
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Does this unauthorized person get mail there? This is instant proof. See also if they are paying any sort of bill, like the cable or internet. |
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chatsplas
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Make a record of your visits and contacts with here. List dates and meetings, noting she was there and he wasn't--that's NOT visiting. Show that over time she is generally there and living there.
Don't know why you need to prove anything about her anyway, if you have other reasons to evict him. |
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Molly
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You have ample grounds to evict HIM. His excuses are irrelevant.
If he goes she must go as well. She has no rights in the tenant dispute whatsoever, cause she's there illegally or is merely a visitor. |
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ghost
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In America you have to notify the court that they are not paying rent. It takes a long while but eventually a sheriffs deputy helps evict them. Remember that this woman is a human, and give them plenty of notice to find a new place to live. |
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Gertie
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Serve a 3 day pay or quit after the 3 days start the legal eviction process it covers EVERYONE in the home. |
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squeakyweal
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As "Landlord" says in her post, you may not need to. Non-payment of rent may be all that's required to proceed with the eviction. It all depends on your local laws and codes. Would simplify things considerably if you could evict on that basis. |
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☼ GÆ–Æ¡ÏŽ ✞ Ñ ÉªÎ·Ê s ☼
|
Get a camera!
A picture is worth a thousand words! And proof, beyond the shadow of a doubt... |
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Cadillacman
 |
As a landlord, I can tell you that you are wasting your time trying to prove that an authorized tenant lives there.
The only thingyou have to do is evict your non-paying tenant. Just follow the legal procedures in your state for evicting a non-paying renter Don't waste your time fightingstuff that doesn't matter.
Just evict your non-payer.
If you think it's necessary, you can add a "Jane Doe" to the evction orders, and if it goes t o ourt, you can explain to the judge that there is an unauthorized tenant occupying the ppremises. The eviction order will name your tenant and "Jane Doe" as the ones to be evicted.
I hope this helps you.
Go in peace.
And always remember:
-- Jesus loves you!!
Sincerely,
Uncle Floyd
I hope this helps you |
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hottotrot1_usa
 |
Hire an investigator to watch the place. Or visit late in the day, see her at the door, then put a chalk mark on her tire. If the chalk mark is at the same place the next morning, then you know that the car hasn't moved. Or set up a video surveillance of the door. |
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