A friend has his ex's stepbrother, wife, and child living with them. No lease, they are sharing his private home and paying rent. Things have not worked out, he has asked them to leave with over 30 days notice. The deadline is approaching and they have told him they aren't going anywhere. This is, of course, very grating on his and his own child's nerves. Does he need to go through a formal eviction process?
2006-08-23 05:32:33 · 17 answers · asked by terry102276 1 in Business & Finance ➔ Renting & Real Estate
They've already been evicted from another place before, and apparently this month have not even paid the full rent.
2006-08-23 05:43:28 · update #1
Yes, your friend does need to go through the formal eviction process.
Even though they are family, they are NOT guests. They ARE tenants and as such have rights.
Your friend has rights also. He has the right to file to evict them as holdover tenants, provided all notices have been executed and served properly.
The police are not going to get involved in a Landlord/Tenant dispute. Tenants cannot be evicted or escorted off the property without due process and anyone who claims as much is a fool. They are not trespassers, squatters or guests. They are tenants, and as such have a right to due process.
Your friend gets to exercise his rights as their landlord by filing for eviction with the court.
2006-08-23 08:44:08 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Sounds like he needs to get some advice from a landlord/tenant attorney. There are lots of sites on the internet where you can look up just that kind of question. Everything depends upon the laws of the state in which he resides. He might also contact the sheriff or marshals in his area and ask whether they will help escort the family out of his home and standby while they collect their things so that they cannot say that he kept things from them. If it gets really bad and he has the money, maybe he can offer to pay the first months rent for them someplace else. If you think about it, that might actually save him money, pain and aggravation because otherwise they might all end up in court!
2006-08-23 12:40:56 · answer #2 · answered by karen W 4 · 0⤊ 0⤋
It can be difficult to evict tenants at certain times of the year but yes your friend should learn the local landlord/tenant act, or at least the eviction part and start the legal wheels in motion right away. I could make other suggestions of things your friend could do to make their stay unpleasant to the point they would willingly leave, but I would need more details about the whole situation in order to make 'safe' suggestions that no one from either party would get hurt. At any rate, get the legal route started then it's only a matter of time and they will be gone forever.
2006-08-23 12:47:02 · answer #3 · answered by Windseeker_1 6 · 0⤊ 0⤋
If you live in the state of Fla. and invited someone to move in and they refuse to leave, you have to go through eviction process. Even if they stay in your home over night and bring a toothbrush, all they have to say is they consider the home as they residence. I am speaking from experience. The police was called to get them out and this is what he told me. It took thirty days and if I would have change the locks, the police man said I would be in serious trouble. So be very careful...
2006-08-24 22:40:00 · answer #4 · answered by ambassador1122 1 · 0⤊ 0⤋
No lease, no formal eviction necessary. If he wants, he can call the police to evict the trespassers.
Or, he can move their things out of the house and set them curbside for pickup.
2006-08-23 12:34:28 · answer #5 · answered by kja63 7 · 0⤊ 0⤋
Depends on the state and how long they have had residence. He needs to go down to the courthouse and get an eviction notice, once she is duly served she has to vacate within 30 days.
2006-08-23 12:38:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I had a similar issue with a cousin living with us sometime ago. I simply approached him one day with intent and stated the following:
"You have until this Friday at 5pm to be out of my home and off these premises, consider this your final notice"
If he chooses to not leave by 5pm Friday call the police and they will escort him off site.
No worries. Everyone has trying situations to deal with in life at times but that is no excuse to take advantage of a family members generosity. If you over-stay your welcome you need to leave when asked.
KK
2006-08-23 12:41:03 · answer #7 · answered by KennyJitFu 5 · 0⤊ 0⤋
I think he needs to get a solicitor to help him with this, he could try making their life uncomfortable by getting up early and moving around loudly and by making a lot of noise at night so their son can't get any sleep they may move out then.
The police can move them but they need to have been given a legal letter formally stating a date for leaving that way he has proof he has given them time to leave.
2006-08-23 12:37:39 · answer #8 · answered by madamspud169 5 · 0⤊ 0⤋
Hell no! He owns the house(hopefully he does) which means it is in his name. All he needs to do, legally, is give them 30 days or he can call the cops on them. It's that simple.
If they refuse to cooperate, they will be arrested. If anything, just ask a cop or go to the police station.
2006-08-23 12:36:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No lease means no living there. They are known as squatters. As stated above call the police department. They will escort them from the premises
2006-08-23 12:35:57 · answer #10 · answered by daanzig 4 · 0⤊ 0⤋