2006-10-06 16:02:06 · 21 answers · asked by jwatson920002 1 in Politics & Government ➔ Law Enforcement & Police
Does the person have a lease? If so, are they in violation of the lease? If not, you can't evict them just because you want them out. There has to be cause for eviction.
If they don't have a lease, have they been there long enough to have established tenacy as a month-to-month tenant? If so, you have to go through the process of eviction.
To evict someone, go to your local court and ask about filing to evict your tenant. Before you do that, do a Google search on the name of your state (or you city) and eviction so that you can get an idea of what to do for your state. The clerks at the court can't give you legal advice, but they may be able to direct you to self-help legal resources.
You would first serve the person with a 3 day quit notice telling them to leave, if they don't leave, you continue on with the eviction and file with the court. There would be a hearing to show cause, and then the court can order them to leave. This will give you the power to lock them out, and to have the Sheriff assist you with the eviction process.
Whatever you do, don't just change the locks. Judges don't like it when landlords do this instead of following procedure.
2006-10-07 02:05:38 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
I sat on the National Housing Authority for over a year 2and a1/2 years ago and the National ruling on evicting a tenant and or an un- wanted person in your home has become a lot easyer then what some people would have you believe.The new laws state that you must first notify the tenant or person by letter of intent of eviction. This is done 10 days before a letter of eviction. Then you need to register with the clerk of courts a notification of eviction which can be hand delivered by a police officer or sheriff in your county. The eviction notice can be a 5 day 30 day or 60 day notice. A lease can be broken because of the sale of the house/property damage to said house/property. If they are there month to month no reason is needed for eviction.
The National Housing Authority brought each state under one ruling to make it easyer for state law makers to have a better hold on housing laws and for tenant to have the same laws from one state to another.
2006-10-07 00:08:12 · answer #2 · answered by Don C 2 · 0⤊ 0⤋
In most places a person has established legal residency once they've 1) paid any portion of rent, or 2) If they've been living there for at least 30 consecutive days whether or not they paid rent and whether or not they are on the lease.
Once the person has established legal residency, you will have to give him/her a 30 day written notice of eviction. If he/she doesn't move out within that 30 days, then you're going to have to take him/her to court to get them evicted.
At any rate, your first step should be to find out about the landlord/tenant laws in your area. If you two can't come to an agreement on your own, you may ultimately have to resolve it through the court system. You may even want to consult an attorney depending on the circumstances surrounding your case.
Good luck!
2006-10-08 16:44:41 · answer #3 · answered by Justice 4 All 2 · 0⤊ 0⤋
It depends on the circumstances and the laws in your local area. Your best bet is to do a little research on your own, and perhaps consult an attorney in your area. Sometimes you can't evict someone from your property. For instance, in some places, pregnant women can not be evicted as easily as other tenants.
You may find, if you do a little research on the Internet, that there is a landlord association/support group type organization in your area. If there is one and you can find it, that might be your best source for free information on finding out what you need to know.
Try googling the terms "landlord association" combined with the name of your state. That may net you the names and contact information on the associations in your area. Good luck.
2006-10-06 23:21:33 · answer #4 · answered by kim v 2 · 0⤊ 0⤋
So you are a landlord then...or this person lives with you right now? Not clear...but, if a landlord you have to have reason, you can't simply say "I don't like you". They have to default on their rent...not one or two months, but 3 months before yuu can legally have them evicted. If they come up with the rent even a day before the eviction notice states they have to be out...they can still stay.
The only way that this house can be vacated is if the tenant is at the end of his lease and either you or he do not wish to renew at which point he is given 60 days notice to leave. The other way is if the house goes up for sale and sells (however you have to give him the option to purchase before you put the sale sign up, otherwise he can go after you)...however, a relative of yours purchasing the house...or you yourself wanting to evict so you can move back...must actually physically move in and occupy the premises, not for a month or two tho as if the tenant learns that you or the relative has moved almost immediately afterwards, they can sue you. If he has damaged the premises and you have seen the damage after giving him 24 hours notice to enter, then you can move to have him evicted but only after he has been given notice to restore the premises to what it was. If he doesn't then you can have him evicted, if he restores tho...again you are stuck.
It's a difficult thing to get rid of a tenant that is causing you grief...I have a sister in law who was in this situation...ended up the woman she rented to murdered a guy in the house, there went the value of the house. So, you have to keep on top of it all and check with your Tenants association in your state/province for specific assistance.
If someone you know is living with you? You have far more ease in getting them out however, you have to do this carefully so as not to alienate the person.
Good luck with whatever the situation is
2006-10-06 23:19:44 · answer #5 · answered by dustiiart 5 · 0⤊ 1⤋
as long as there is no lease agreement with this person on paper or if they are not on your mortgage agreement but im sure if they have been a resident for awhile you will have to go through some proceedings of giving them a certain time where they have to be out sort of like an eviction
2006-10-06 23:11:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Go to your local court house and file papers for a 3 day notice. That gives them 3 days to vacate or you will file a court proceeding against them to evict them. It generally takes 30days after this (during which, unfortunately, they don't have to pay you rent) If they don't vacate at t hat time, the sheriff will put them out.
2006-10-06 23:10:29 · answer #7 · answered by Been there 3 · 1⤊ 1⤋
Did they sign a lease if so have they broken anything in it. If so you can send them a 30 day written notice, send it certified. If there behind on payments, they have to be behind 3 mos. according to our laws, you might want to talk to an attorney if you have grounds, they usually will send them a letter for you for about 25.00 dollars giving them eviction notice. It depends on your state and there laws.
2006-10-06 23:15:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on the reason. If they did anything or u think the person did anything to violate a minor, then DHS would have them out within 24 hours!
2006-10-07 00:43:10 · answer #9 · answered by kay w 3 · 0⤊ 0⤋
Yes,if that person is a tenant and has not been paying their rent or damaging the property.It depends what type of contract/lease was signed with the
person and the landlord.
2006-10-06 23:46:54 · answer #10 · answered by Zinderella 2 · 1⤊ 0⤋