English
EspañolV is the tenant - A is not on the lease but lives there. What happens if the abuser doesn't move out when my lease is up? Will the police remove him?
[SHE SPECIFICALLY ASKED IF THE POLICE WOULD REMOVE HIM - IF SHE DOESN’T ASK THAT, DON’T INCLUDE THIS SENTENCE: Although I cannot speak to what the police in your county may or may not do if you were to ask them, I can tell you that generally, police do not get involved with making someone leave an apartment who overstays a lease.]
Generally, the tenant on a lease is legally responsible to remove all other occupants prior to the expiration of the lease. If the other occupants are not out of the rental unit, the landlord can sue the tenant for eviction to get a judgment against the tenant and all occupants. The reason that the landlord sues the tenant is because the landlord has a contract with the tenant to leave the premises free and clear of the occupants - the landlord doesn’t have a contract with any occupants who are not lease-holders. In the case that a judgment of eviction is issued, the sheriff or other law enforcement may be called upon to forcibly remove the occupants if they do not remove themselves once a judgment of eviction is entered. However, the tenant can be liable to the landlord to pay all legal fees associated with the court case and the eviction (assuming that this is included in the lease, which it usually is). Also, having an eviction on one’s credit can negatively affect the credit score and affect the person’s ability to get a future apartment if the new landlord sees the judgment of eviction on the credit report.
You may want to talk to a lawyer who deals with landlord-housing issues for advice on anything you can do to try to ensure that this person leaves the apartment on time. If you want legal advice on your specific situation, we have a link to lawyers on our website here: LINK
[SHE SAID THAT SHE HAS AN RO BUT IT WAS DISMISSED BEC SHE DIDN’T APPEAR. IF THAT’S NOT HER SITUATION, CHANGE THIS. IF SHE DOESN’T MENTION AN RO AS ONE OPTION FOR REMOVING SOMEONE WHO IS ABUSIVE: In addition, I know you said that your protection order was dismissed for failure to appear in court. In general, if a petitioner who files a petition asking the judge for specific legal relief does not show up to court, the judge generally has the option to dismiss the petition. However, even if a petition is dismissed, many petitions are dismissed “without prejudice,” which basically means that the petitioner is not prevented (prejudiced) from bringing the case back to court and requesting the same legal relief.]
