Friend living with me has to go. Currently paying half household expenses and is not on my lease. Someone said I may have a difficult time having her leave if she doesn't want to. Any suggestions?
2006-12-13 05:37:31 · 5 answers · asked by lady_mirianna 1 in Business & Finance ➔ Renting & Real Estate
Your friend who told you that you'll have a difficult time is correct. The fact that this person is not on your lease means absolutely nothing. Once this person has established residence there, the only way to force them to leave involuntarily is to go to the courthouse in your county and file eviction papers. Once this person is served with the eviction notice they will have 30-60 days before they must vacate the residence. This is the ONLY way you can have this person involuntarily removed from the residence.
As far as the first answer to this question, this person really has no clue. I have been a law enforcement officer in Missouri for 7 years, and have dealt with this type of situation many times.
Good luck.
2006-12-13 05:43:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Sounds like you have a verbal agreement month to month (i.e. she pays some bills and doesn't have a lease). If you want to end the month to month deal, you can give her notice (I think the requirement is 30 days) that your tenancy agreement will end on x date. This is how it would work in an apartment complex. If she is not out after that date, you can have the sheriff remove her. It's good that you have the bills agreement. If you didn't, you might have more trouble. As it stands, you should be able to take the above action. You need to stop by City Hall (or whatever government office is in town) and ask them if there are forms for this (landlord month to month agreement termination notice or something like that). They should also be able to tell you the length of notice required. Have it sent by certified letter so that you have a record that she received it.
2006-12-13 05:44:23 · answer #2 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
As a friend, you should give her reasonable notice to vacate.
I think you're actually sub-leasing to her which is probably against your lease agreement. You may want to tell your friend that the landlord will file a grievence against you if she doesn't move.
"Always get your landlord's approval before moving in a new roommate. If a co-tenant takes off and leaves you facing the entire rent, you may be tempted to simply move in another roommate, bypassing the landlord's application process. Don't! Your lease or rental agreement probably prohibits unauthorized sublets. If it does, bringing in a new tenant -- even a great one -- without your landlord's okay violates your agreement and gives your landlord a watertight reason to evict you. Instead, keep your relationship on an honest footing and get your landlord's approval for a replacement tenant. "
2006-12-13 05:58:36 · answer #3 · answered by Chub-a-lubby 2 · 0⤊ 0⤋
I don't know what it's like in MO, but in CA I know someone who has been trying through the court system to get someone who wasn't on the lease out since June-- and they haven't paid a dime in rent. The court system sucks, and just keeps giving the person 30 more days and then tells the owner to file another paper. Each month it's- you get 30 more days and he has to file paper 1....2...3....4 It's insane. The owner keeps paying the mortgage, insurance, property taxes, and the person has been living rent-free for 7 months. As it stands now, the judge will probably keep this **** going for another 8-10 months. So, the owner decided to sell the house at a huge loss just to stop having to deal with the renter! EVERYTHING in the court system was 10000% in favor of the deadbeat renter. If the owner did anything, like try to change get them out, the OWNER would be arrested for trespassing.
2006-12-13 05:48:59 · answer #4 · answered by Sabine É 6 · 0⤊ 1⤋
if there is no lease, the friend has no case. you can make her leave at any time.
2006-12-13 05:39:25 · answer #5 · answered by Kutekymmee 6 · 0⤊ 1⤋