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Additional Details
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DocDave | What if I dont have a lease with the tenant, and they are not paying rent and are refusing to leave? |
what are my rights as a landlord that have tenants without a lease and refuse to move after not paying rent.
Do I have to go through the eviction process or can I just change the locks and lock them out. |
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gypsynuke
 |
That depends on state and county. You need a lawyer. Next time don't rent without having a lawyer draft you a lease agreement and getting the tenant to sign it. |
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kg122673
|
If you have proof of ownership then you can have them ares ted for trespassing. Next time have them sign a lease. |
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honeybee
|
You have to go through the eviction process. The tenants must have an eviction noticed served upon them by a city, county, or state police officer. By serving your tenants an eviction notice that was processed through your court system, you are serving them with a legal document that thoroughly explains what they must do to correct the situation or if they choose not to, then your legal system will help them understand. |
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Queenie
 |
Do a search for "Landlord Tenant Act" for your state. Below is an example for Washington. |
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ldylopes
|
I guess it would depend on your State, but I am not sure. My understanding after many years of renting is that you can change the locks, but unfortunately they still have the right to go inside, period. Depending on their knowledge of the legal system though, a three day notice might be sufficent. But I really believe that you would have to legally go to court and evict them, lease or no lease. Google tenant/ owner rights in the State you live in, I am sure you will come up with some mighty informative sites. Good luck ! |
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edboner
|
Either proceed and evict or if you don't want them to challenge its far easier to give notice. Here in Florida if you're on a month to month tenancy its 15 days...holdovers after you simply give notice are very bad for the tenant. Put in writing certified even though posting on the door is sufficient.
Law varies state to state. If you are not familiar with an eviction, the clerk of court can help or use a local attorney if you go that route.
Do not change locks! Thats called constructive eviction and will get you in a world of trouble. |
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wondering
 |
File eviction notice with the court, they will then have 30 days to move out. but if you do not file they can stay as long as they want. Try shutting off the water?? or any utilities you pay for. Maybe they will just leave, but it may piss them off and damage to your property could happen for revenge on their way out. |
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poorboychristian
 |
I was kicked out befor, and the courts gave me 60 days to leave. |
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realestatelawyer
|
Whether or not there is a written lease makes no difference. If you are in the US it is illegal to change the locks or have utilities shut off. You must first give them a 3, 5 or 7 day notice to pay or vacate. The amount of notice depends on the laws of your state.
If they still haven't left after the notice period is up you must file a lawsuit for eviction.
Go to http://realestate.findlaw.com/landlord to read about evictions in general and then click on the Resources link to get specifics for your state. |
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dzr0001
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depends on the state. without a lease or contract, you could be in some trouble. |
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jsbrads
|
probably eviction, try to get a lawyer to help or you might have to spend a lot of time trying to learn the process |
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TrippingJudy
 |
Go through the eviction process. That way, you're covered no matter what and you can still sue them. |
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satarnag
|
without a lease they are considered month to month and you must evict them. Changing the locks is illegal.
Regards |
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Jan H
 |
You cannot just change the locks unless it's in a written agreement signed before they moved in. You can start eviction proceedings - it will be difficult without written proof of the agreement but it has to be done the right way. |
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