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**Mi$chieviou$** | How do I evict someone out of my house that doesn't pay rent and there was never an agreement between us? |
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Kaosmunki
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A verbal understanding that they are allowed to stay there still gives them a set amount of time to leave the premises. It varies, just find out what the laws are in your area. But the best thing you can do is get a written statement of eviction intent, (for instance, write when you want them out of your house by on a piece of paper) and have it notorized and delivered to them, or at least signed by a witness who will attest that they recieved it. Then you have proof so if they don't get out, you can totally have them removed. |
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sml
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it is an oralcontract , month to month tenancy; you have to serve a notice to quit and follow procedure for eviction; clerk of housing may assist you or point you in the direction of self help forms online |
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eaengberg
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Well, if you haven't already you need to tell them to get out and I would think, legally speaking, since there is no binding contract between the two of you allowing them to live there if they refuse to leave you can probably call the cops on them and charge them with trespassing. Without an actual contract or agreement they have no legal right to be living at your place of residence. |
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Stephanie C
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if its your place, just tell them to leave. if they dont wanna leave kick them out!! |
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Landlord
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If you allowed them to stay over 2 weeks your house is their legal residency. You have to evict them in the same matter that your state requires for a month-to-month renter. The fact that there is no money involved is not relevant. |
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Szucs V
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Hmmm, difficult situation.
I can already see your concern about it. Have you tried to let him/her know about he/she is not wanted (anymore) in your house?
If so I would agree with a timely mater say ... 2 days. After that try any of these:
- tell him/her you're gonna make a complaint at the police station about the situation;
- make that complaint to police;
- call a lawyer and tell him about it, ask for options;
- start the procedure for eviction, let police handle it and most important always be polite ... even in your house. You don't want more trouble.
If you have no agreement with them, it doesn't mater if that person is your brother, mother, any relatives, stranger or whoever. If you're the owner of the house then it's your right to evacuate them. |
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mamalissa
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Some good answers, some bad ones. Regardless of the state you live in, what you have here is an "at-will" tenancy. You, I assume, made a verbal agreement at some point as to rent amount, utilities, etc. You will need to give them an eviction notice and hold them to it. You can give a 72-hour notice based on failure to pay rent, but understand that if they cough up the rent money, you will have to let them stay. If you give them a 30-day no cause notice, they have to move out no matter what. If they are not gone at the end of the notice period, go down to the courthouse to file the eviction. This will cost you some money. The court will set an appearance date, which can be weeks in the future. At the court appearance, if they do not show up, you will be given a default judgment and the court will give them an additional week or two to vacate. If they still do not leave, you have to go to the sheriff's office (most likely) to file another request. This will also cost you money and take another week or two, but the sheriff will eventually come and physically put them out. You cannot just remove their belongings and change the locks! This is illegal and they will then have an action against you. Please consult with an attorney about your best options. If you can't afford an attorney, most cities and/or counties have a legal aid agency that will help you for no cost if you qualify. |
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ryet_grrrl
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Serve them with a "pay rent or quit" 3 day notice. This gives them 3 days to pay the money owed or get out without legal action.
If they don't leave, you CANNOT change the locks or move their stuff. Assuming you live in the US, this is illegal. Even if they broke into your home and are living their illegally, if it is their place of residency, it is illegal to move them.
If they don't leave after the 3 day notice, file an eviction (unlawful detainer) at your local court house. Many counties have legal forms available online. You will be given a court date, have the tenants served with the paperwork. At your court date, you will explain the situation to the judge and the tenants will be ordered to leave. usually, they are given 3 days, this could be longer based on circumstances. The tenants will also be responsible to pay you court fees. if they still don't leave, you can change the locks. |
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mcdarling
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The first thing you can do is tell them it is time for them to leave. Give them a timeframe. For example, give them 7 days or two weeks. If they agree to that, the problem is solved. Hold them accountable to what they agreed to and change the locks when the date and time of the agreement arrive.
If they don't agree to it,,, pack their stuff neatly in boxes when they are not there, have the locks changed before they get back. Stack their stuff outside the door and go see a movie. |
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M v
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If you have no agreement then you dont have to evict them, put there stuff outside and say, goodbye! |
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mel7996
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CALL A LAWYER IN YOUR AREA AND GET A CONSULTATION |
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Phillyfan
 |
The "agreement" that is understood in most renter/landlord circles is a month-to month lease, when nothing is signed. Get with a RE Lawyer to help you with this eviction.
OR
Have you tried asking them to move out in 24 hours, and if they do so, you'll give them $100 ? Yes, yer out 100 bucks, but it's probably alot cheaper than the mortgage payment you made w/out rent coming in.
Last question: Why did U let someone rent from you without anything in writing? I don't care if it was my own Mother, I'd have had a lease drawn up. ALWAYS get it in writing, YES? |
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