I own my home, there is no lease agreement. The guy is very rude and changeing every thing in my home. He is very demanding. Has been here only a month. He says he will leave when he is ready to leave. He has not paid for next months rent. I gave a friend permisision to be in my home and he called the cops on her for being there. I need to know A.S.P. if I can tell this guy to leave with out notice.
2006-10-26 11:40:55 · 16 answers · asked by Betty C 1 in Business & Finance ➔ Renting & Real Estate
With no legal paper work you can kick him out! Even call the cops on him since his name is not on anything saying he pays rent or anything.
2006-10-26 11:48:59 · answer #1 · answered by silverstanggt500 2 · 0⤊ 2⤋
W/out a lease, he is a month-to-month tenant. Just start the legal clock. First, give him a 5-day notice to quit or pay rent. Then on the 6th Day, give him the eviction notice. Then go to small claims and get a hearing date.
It is not difficult...go to the library and get the idiot's guide to landlording....and google your state and landlord/tenant laws.
You can create all the forms you need using Word or whatever. Just start the legal clock NOW!!!!
I did it w/ my tenant....no lawyers, no obscene costs. I just read the rules and followed them. The MINUTE a tenant is late, I serve a 5 day notice so I can start the legal eviction clause. Don't wait to see if he decides to pay later.
Further, if your tenant creates a hostile environment, you can expedite everything (including eviction) almost the same way, but the hearing date will be sooner.
Don't be intimidated. This guy sounds nuts!
Month to month tenants have rights.....Don't violate them...unless you are in fear of your safety.
2006-10-26 13:23:16 · answer #2 · answered by Paula M 5 · 0⤊ 0⤋
Unfortunately no you need to go through the correct channels to remove your tenant. You need to issue a 30 day notice, and since there is no lease he may not leave. Then you need to file for eviction through the courts. You should be able to go to the Clerk of the Court and get the paperwork, I don't know what state you are in, I'm in Florida and can download all the files off the computer so you may want to search around your local clerks office on line. Fill out the paperwork and then have your day in court. Just keep this in mind, if you give him a 30 day notice and he doesn't move, then you can be almost 100% guaranteed he wont be paying you anymore rent. But that can be dealt with in court. If there is anything else I can help you with, please feel free to email me through yahoo answers. Best of Luck KG
http://www.leasewriter.com/resource.cfm/catID/5944A0DA-71B3-49EA-BF5D300558FB66A9/213/178/
Look at that web site and maybe it can give you additional information
2006-10-26 12:17:13 · answer #3 · answered by kgreives 4 · 0⤊ 0⤋
First of all the fact that he has no lease does not matter he is considered a tenant any way in accordance to your state's Landlord Tenant act. You have to give him notice. Once you give him notice and he still doesnt move he is now still a tenant but he is considered a tenant holding over without permission and you have to file for eviction and restitution at the local magistrate court and in accordance to again the Landlord tenant of your state.
Or you can opt to evict him without notice and make a career of defending your self against the many lawsuits against you that will probably follow. Tell us your state and I'll give you the links where you need to go and get all the information.
Buena Suerte.
2006-10-26 12:20:17 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Unfortunately despite what they are telling you ... No you normally have to give him a time equal to the time he pays you. (if he pays you weekly you need to give him one weeks notice, if he pays monthly then a month.) If he has been paying you there is still an agreement there even if it is not in writing. Eviction is a court action and can take quite a bit of time to go through the court system especially if he has been paying you on time. I'd send a certified letter stating you are teminating the lease and demand that he vacate the property at the end of your notice period. If he refuses save time get an attorney.
2006-10-26 12:02:59 · answer #5 · answered by Jim7368 3 · 0⤊ 0⤋
No.
It doesn't matter that you don't have a lease. He is still a tenant with rights. If you want him to leave, you will have to give him the proper notice as required by your state and then file in court if he doesn't leave by then.
All the fools who are telling you that you can just kick him out aren't going to pay your legal fees when he sues for being the victim of a self-help eviction. Our office represents at least one tenant a month who has been illegally locked out, and we always get them a nice settlement.
2006-10-26 15:01:12 · answer #6 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
If he has paid you rent, he has legal rights. You will have to serve him notice of eviction. Since there is no lease, it is assumed under law that he is a month-to-month tenant, which works in your favor. Contact a lawyer on this matter for the laws in your state, the amount of time you must give them to vacate differes ... good luck.
2006-10-26 11:50:50 · answer #7 · answered by londonhawk 4 · 0⤊ 0⤋
depends, first contact your locals renters board in regards to local laws. It can take awhile to get someone out. My first question is why did you let him move in with no lease agreement? But yes you can tell him to leave now and you are beginning eviction proceedings. At this point it can take up to 30 to 60 days to get them out. Begin with an eviction notice if he stays file for eviction and a constable will go by and give notice, if he still doesn't go you'll need the law to forcibly evict. i would act ASAP to get him out. Good luck.
2006-10-26 11:47:48 · answer #8 · answered by austinguy62 2 · 0⤊ 0⤋
No lease agreement? Nothing in writing? It may varie by state to state but if it was me I would wait till he was not home pack all his crap, set on the side walk and change the locks. The I would call the police tell them what I did and ask to cruise by a few times till he is gone
2006-10-26 11:48:40 · answer #9 · answered by joelkh2003 2 · 0⤊ 2⤋
If it your home sure you can put him out. No lease so he has no right to be there. Ask him nicely to leave and if he don't call the police and have him removed.
2006-10-26 11:46:38 · answer #10 · answered by yourwifey27 1 · 0⤊ 2⤋