Can a tenant evict a subletter if they are only there with a verbal agreement? 1 Answers as of July 06, 2012

First, I would suggest that you check your written lease agreement to see if "sub-letting" is even permitted. If it is not, that will provide you with a non-inflammatory reason to request your messy summer housemates to leave. If your lease permits sub-letting the space, and you have obtained whatever permission may be required from the landlord, then you may have to seek assistance from the Court to get the recalcitrant summer tenant to leave. The removal of safety devices (such as smoke detectors) will likely provide you with sufficient basis to begin the eviction process. However, to be safe, you may need to give the summer tenants WRITTEN notice that they have thirty (30) days to vacate the premises. If they do not leave after thirty (30) days, you will have to post a Three (3) Day Notice to Vacate the Premises on their bedroom doors. If they still do not leave after receiving the Thirty (30) Day Notice and Three (3) Day Notice, then you will have to file a Complaint for Eviction. In that event, you will have the right to recover for any unpaid rent or damages to the property. It usually takes 10 - 14 days to get a hearing scheduled after filing the Complaint for Eviction. Then the Court will generally give the tenant another 7 - 10 days to move before sending the Sheriff or Bailiff out to the premises to forcibly remove the tenant and his/her property from the premises. So, even if you begin the eviction process, you may be stuck with your messy summer tenant for most of the summer.