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 What if I dont have a lease with the tenant, and they are not paying rent and are refusing to leave? |
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kl5464 | How do i evict a friend who i don't have a lease with and who has never paid the rent agreed on? |
My friend and his two children moved into my home in August '07 under the verbal agreement he would pay me $400 a month. We did not have a written lease. I have only received the first months rent in full and partial payments since. Currently he owes 2000 in back rent and has not been at the house in a few days. Legally can I pack his belongings and just kick him out since we didn't have a lease? I have other people that would like to move in that will pay rent, and I would like to get them in there and him out! |
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Johnny A
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Change the locks and put his stuff in the garage... |
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ticketoride04
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KL, don't burn your bridges to fast at least at both ends...if he/she was a true friend in need, they'ed be a true friend indeed!
Watch out who you tell your troubles to, as this could come back a kick you in the butt in court.
A lease means nothing in the rental business if you do not pay your rent on time or for that fact, not at all.
If you've not exchanged moneys at all, or in the paper form like a check or money order and have nothing (nothing) in writing, legally you may say it was on a daily basis or just a visit to be clear.
Since August you've been knowledgeable of the situation and must have mentioned to your friends and theirs about this situation and you need to retract your steps to see what you've said about them.
If you've said nothing, they can either be a visitor that said they would pay something to help with lodgeing during their visit,
They may have said they would stay for a week and you allowed that. This requires a weeks notice, for a month it requires a months notice.
After which its required to file an unlawful detainer action against them to get them out officially!
If they are just visitors and no paperwork, no contracts, no checks to prove rental payments for a window in time, just refuse tenancy and access to the home.
If they have a key, state that you lent the key to provide access to the children and their schooling in the event 'you' were not there.
This being said, its hard to visiualize your deal without being there.
Another aspect, and don't repeat to prospective tenants, is to just move others prospective tenants in, and impact the spaces with additional bodies to frustrate your friend into moving on their own.
Additionally, lock them out and have their clothes packed and in the garage awaiting their return.
change the locks and be sure you're there to receive them and hand them their goods.
You will most probably loose a friend, but they made their own bed and can go live under the freeway and recall the warmth of a home and how easy it is to pay at least daily for the comforts and security of a friends help.
This is not a constructive eviction as it is in your own home, if it were a separate structure...it would be.
You can't get blood out of a turnip so consider this a costly lesson to find out if she/he was your real friend.
Get your story-line down and analize what took place so you can tell the true story to get them gone.
Your friends will not look back once out and you'll never see the funds again moreover.
Expect the worst and hope for the best. |
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Holly W
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Since he has been living at your place of residence for over 6 months, without paying rent, you cannot just throw his stuff out of the house. Be honest and tell him that you need him to start paying or else he's going to have to find a new place to live. If he refuses, then you can always call the authorities to help settle the situation. I hope it doesn't have to come to that, though.
Just be completely honest and stand your ground. I'm sure it's hard for him to take you seriously after leaving you to manage the rent and there not being any consequences for it. |
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Pat
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Two words... "Get out." |
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Jen
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Pack up his clothes and belongings and throw it in the street. If he doesn't have the decency to pay rent then he don't deserve to be there. Or, you can call the cops and have him thrown out of your house because he doesn't technically "live" there. |
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mageta8
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Yes, you can kick him out. I would give him notice and say you have till Friday to pack your things and leave and if they're not out then you'll throw them out. And if that day comes where you'll have to do that, I would call the cops and have them help you escort him out. Then change all your locks and change your phone number. |
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Sugar Magnolia Says GO CHIEFS!
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Give him notice that he needs to be out within a few days. Since he has kids, I would personally feel bad about just kicking him out. If he gives you trouble, call the police! Also, be careful about renting to anyone...make sure to get a signed agreement, witnessed by a neutral party. |
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luvmykids
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Business is business.
don't let your friendship control your finances.
i would tell them they have 7 days to move out. |
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HM 10
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Ask them to leave. Then tell them to leave. Then throw them out. |
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edwardogden2000
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The problem here is that you state that you have a verbal rental agreement, and they have paid some rent. You can certainly ask them to leave, but if they refuse, the only recourse you may have is to evict them. Give them a 5 day notice that details the months, monthly rental charges and payments that they have made to date and how much they owe.
If they do not move out in the 5 days, you will then need to file a 'Landlord Petition' with the local county court. This is a relatively easy thing to do and you do not necessarily need a lawyer. It is basically like small claims court. It will be a one page form, and there will be some cost to file the paperwork and have them served by sheriff.
In the worst case scenario, if they do not move before the court date, you will need to go to court and present your case to the judge and ask for restitution and back rent.
You cannot just set their stuff out on the curb. This is called a constructive eviction and is illegal.
Good Luck |
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shiprepairwoman
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You need to do a formal eviction to make it legal. He may not know that so just tell him to leave. Rent out his room and put his stuff in storage in your home. |
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paulred2
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well it seems as if your friend is struggaling financially and you (since you have lived without his rent paymenst thus far) seem to be doing better....
in this situation you would be amazed how much a weeks notice would help your friend,even enough time to find a relative for his kids to stay with..
if it was just him id agree with the others and just say kick him out but because of the children,who have done nothing wrong, you have to have just a little more compassion...
but tell him, ''listen im starting to struggle with the rent payments myself and i need to get in another sub letter....sorry i need you out in x days...'' |
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Brenda S
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tell him that he will have to move out within 5 days because he has not withheld his end of the agreement (paying the rent)
so you hate to do it but in the long run it's costing you more in electric and water |
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MNsoldiergirl86
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Ah! This happened to me. Except she was on the lease. I ended up losing so much money out of this kind of arrangement.
But you have to put you, YOUR finances, and your life first.
1) You have to accept the fact that you'll never see the money. You probobly never will.
2) You have to accept that your friendship might be over after you kick this person out. There will be a lot of resentment over money. Your friend will say you screwed him and his kids out of a place to live, you will say that he screwed you out of $2000. The reality of the matter is you need a new tenant to keep your money situation where you need it to be.
I say get a hold of him, tell him you need to talk, and tell him he has X amount of time to get out because you have already found a new tenant- one who will pay you! If he throws a fit, call the authorities, explain your situation, and they'll get him out in no time. Tell him that you have no hesitations in doing this if he doesn't do what you expect of him.
As far as the verbal agreement goes, and you having no lease, that kind of thing doesn't really stand as means to sue, or at least I don't think it does. If you really want to try to get your money back, you may have to contact an attorney to find out your options, or if it's even worth pursuing. It might end up costing you too much money and energy, and in the long run, just forgiving the couple thousand he owes you might be the more practical, easy way out.
If you can't get a hold of him, i would call the proper authorities to see what they have to say. Tell them the situation, that you can't get a hold of the "tenant," and that he's left his items there. Technically, they could be your property to dispose of however you want...
If he attempts to guilt trip you or manipulate you, stand firm. As calmly as you can, explain to him that you pretty much gave him- and his children- a free roof over their heads for a few months, that he didn't hold up his end of the bargin, and that you have to act accordingly. Don't fall for any false promises of money in the future. "I'll have it in two weeks, I promise." or "Let me make a phone call, my Mom might loan me a few hundred dollars." No. His credit, as far as you are concerned, is up, and you have made up your mind. Case closed. |
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