Holdover & Unauthorized sublet

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newbieLandlord

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The lease expired 8/15/09. I gave the tenant 60 day & 30 day notice that the lease will not be renewed. I have her signature acknowledging that the lease will not be renewed and that she is required to vacate the property.

She has removed a majority of her possessions and it appears she has not lived there for more than 3 weeks. However, there is now a woman and her 2 year old child staying in the living room. According to the lease no subletting is allowed without my permission.

This subletter threatens to sue if i change the locks and claims she has the right to stay there until the end of September b/c i received a partial payment ($200 from DSS) for the primary tenant... However, i told the primary tenant that i will not be accepting the payment as rent for September but rather a back payment for the delinquent balance owed.

I should also note that the primary tenant is over 2 months rent delinquent thus there is no security left over to cover future mortgage payments or damages that require fixing, not to mention possible legal fees.

What do you advise?
thanks
 
From your description, it would appear that this young woman is not a tenant nor a subletter (SHE has never paid rent, correct?) but rather a squatter.

Gail
 
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