Question about eviction?
I live in Oklahoma, I have a home that hubby and I rented out for awhile, and this lady, has been letting cats in the home, and other people living there with her. She signed the agreement for no pets and other people to live there. I did an inspection about a month ago. Should I give notice to correct it, or just get a eviction notice, and how would i get a paper for eviction, to get her out of there? Thanks.
2006-12-14
07:09:51
·
24 answers
·
asked by
endless_eternity_forever
1
in
Family & Relationships
➔ Marriage & Divorce
Did you go through a property manager or did you just use your own lease agreement? If you used a property manager you need to consult with her. If not, then what does the contract say that she signed? Does it say she will be evicted for one violation?
Every state has certain laws that you must abide by before you can evict someone. You need to find out what the laws are. Chances are you probably have to serve her a notice for a violation. It is doubtful that you can just evict her......chances are you have to give her time to "cure" the problem....
You can find sample eviction notices out on the web.... However, just be sure you are operating within the bounds of the law.
2006-12-14 07:17:54
·
answer #1
·
answered by favrd1 4
·
0⤊
0⤋
If you have it on the lease they signed that there should be no pets and it states how many people should live on the property, then I suggest you speack to them first. Tell them that you will give them a week to remove the pets and the people that are living there. Explain to them that it states it in the lease that they signed that they understood the terms and conditions. If by the end of the week they have done nothing, then you have to go to the court house and file an eviction notice. Every state is different on cost and fees for the eviction, but atleast you get to keep some or all of the deposit due to you cleaning the carpet or whatnot because of the cats. Give them a chance though to respect your wishes and do as you asked them to do. Plus, it will look good in court that you gave them a chance and they didnt care. They breach the contract and that is grounds for eviction.
Hope this info helped you.
2006-12-14 15:21:55
·
answer #2
·
answered by Leyanis 2
·
0⤊
0⤋
Go down to the city hall (or township hall or whatever type of municipality the property is located in). The will direct you as to how to proceed with an eviction correctly. You do have to give so much notice, but it varies depending on where the property is. Where I'm at, its 6 weeks. Also, there will be fees to pay.
I recommend sending her notice of eviction now. You will still have to wait ahile for the eviction procedure to take its course. From personal experience, when a tenant starts moving other people in, they do not care about your property. The city hall will also tell you how much you can sue for in damages. Be prepared for damage to your property. Tenants can get angry when they are evicted. If you don't evict, there is no guarantee that you're not going to have damage from the cats (I'm thinking new carpet) and the extra people.
Another way to encourage your tenant to leave, is to charge for the extra tenant. I have written in my lease a $50 per month rent increase for additional tenants. I have no idea what your lease says. If your tenant is month to month, you could just raise the rent. That would encourage her to leave.
Good luck!
2006-12-14 15:22:22
·
answer #3
·
answered by Anonymous
·
0⤊
0⤋
Well, first of all give her a chance to correct the problem. If she doesn't correct the problem within the the time you have stated in your letter then you can start the eviction process. You can do something simple as a letter of eviction. It doesn't have to be a whole lot of legal jumbo in. Just simply state that since she did not adhere to the signed/dated agreement this is her notice of eviction and state the date and time that she needs to be out or other legal actions will be taken. Something like that you can word it however you want to.
2006-12-14 15:16:02
·
answer #4
·
answered by kitcat 6
·
0⤊
0⤋
You should of made this decision as soon as you were done with the last inspection but I suggest that you give her a notice first about the pets and extra living people, if she doesn't correct the problem then you can give her a 30 day notice to evict.
2006-12-14 15:14:02
·
answer #5
·
answered by wyattj23 3
·
0⤊
0⤋
According to state regulations, there should be notice given first before evicting someone from a residence. It is up to the landlord to provide the notice whether it is a 30 day notice or a 3 day notice.
2006-12-14 15:15:24
·
answer #6
·
answered by Anonymous
·
0⤊
0⤋
Well by law it takes a few months to evict someone from there apartment when they have been residing in the home for more than 30 days. you have every right to evict the person, they violated the lease..
2006-12-14 15:14:18
·
answer #7
·
answered by Anonymous
·
0⤊
0⤋
Give notice sent registered letter. Follow up with an eviction notice if the situation is not remidied in 30 days.
2006-12-14 15:41:36
·
answer #8
·
answered by Quasimodo 7
·
0⤊
0⤋
I own a rental in another state...my renters broke their lease by payn late 3 months in a row...I gave them a personal call and let them know that they agreed to pay a late fee but haven't for the past 3 months. That I had to pay my late fee to the bank for paying the mortgage late and would like for them to correct this problem asap or MOVE out. Guess what?! They MOVED out at midnight 3 nights later! lol I'm sooooo glad! My b/f and I are going down this weekend to clean out the basement and put up a FOR SALE sign. In my own experiences, go to your county court (circ. clerks) office to pick up a pro-se eviction packet if you wish to proceed with that with out a lawyer. Keep in mind they could end up with 60-90 days of NOT paying you any rent! Read the paper work, call a lawyer. Good luck!
2006-12-14 15:19:51
·
answer #9
·
answered by luv2bake 4
·
0⤊
0⤋
Do you want her out? the cats? or both? You can tell her she has to get rid of the cat because she signed a lease saying no pets or go to your local court house..housing section and speak to a clerk about filling eviction papers.
2006-12-14 15:15:12
·
answer #10
·
answered by Mean Carleen 7
·
0⤊
0⤋