[ME] [ME] How can I legally evict someone who is not on my lease if my landlord said it’s up to me to get them out?
How can I legally evict someone who is not on my lease if my landlord said it’s up to me to get them out?
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Since he is not on your lease, he is considered your subtenant. You would have to be the one to evict him. The landlord has no legal relationship with him and therefore cannot do it.
A month-to-month tenancy is a periodic tenancy with no expiration date. Rent is paid monthly until one of the parties gives notice to terminate. Under Maine law, this means you can terminate the tenancy with a 30-day written notice, per Me. Rev. Stat. tit. 14 § 6002.
- You do not need to provide a reason for the notice.
- You can use this form: Maine 30-Day Notice to Vacate (PDF)
If you prefer to pursue back rent, you’d need to provide a 7-day notice for non-payment:
- Use this form: Maine 7-Day Notice to Quit (PDF)
If he does not leave after the notice period, you can file an eviction (forcible entry and detainer) action in your local court.
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How can I legally evict someone who is not on my lease if my landlord said it’s up to me to get them out?
Lexi, Chatbot
I understand this must be a difficult situation. Have you already spoken to the person about leaving voluntarily?
Yes, and he will not.
Lexi, Chatbot
Are there any specific reasons why you need this person to leave, such as non-payment of rent or causing disturbances?
Non-payment for months and I’m uncomfortable in my own home. He is my ex.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know?
No.
Jon
My name is Jon, and I’m here to assist you as an attorney. I understand that dealing with legal issues can be stressful. I’m here to help.
First, what state do you live in?
Maine.
Jon
Okay. And how is the person connected to your lease?
They are not on my lease. We were in a relationship for 3 years. He was initially on the lease, which is a month-to-month lease. I signed a new one without him on it. He has not paid any rent in months.
Jon
Since he is not on your lease, he is considered your subtenant. You would have to be the one to evict him. The landlord has no legal relationship with him and therefore cannot do it.
A month-to-month tenancy is a periodic tenancy with no expiration date. Rent is paid monthly until one of the parties gives notice to terminate. Under Maine law, this means you can terminate the tenancy with a 30-day written notice, per Me. Rev. Stat. tit. 14 § 6002.
- You do not need to provide a reason for the notice.
- You can use this form: Maine 30-Day Notice to Vacate (PDF)
If you prefer to pursue back rent, you’d need to provide a 7-day notice for non-payment:
- Use this form: Maine 7-Day Notice to Quit (PDF)
If he does not leave after the notice period, you can file an eviction (forcible entry and detainer) action in your local court.
So I just fill out one of those forms and go from there? He owes me $1,350 in back rent this year alone — even more from last year.
Jon
Yes — one or the other. You can either terminate the tenancy (30-day notice) or go after him for the unpaid rent (7-day notice). Not both.
I would rather terminate, but I don’t want it to be a drawn-out process. He will make my life hell... I was hoping to go with the 7-day notice.
Jon
Then it’s best to go with the 30-day notice if you just want him out without the added complications of proving debt in court.
Do I sign it in the landlord section since my landlord won’t do it?
Jon
Yes, you do. You are acting as his landlord in this context.
Jon
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