How to evict a tenant with no lease , never paid rent, and is basically there only because he was a boyfriend?

Question

We own an estate property that is yet to be settled.I would like to know this-- the person with the power of attorney moved in the house with a boyfriend and has NEVER paid rent. Now she has moved out and has left the boyfriend there by himself, and of course he has never paid rent either. What are our rights to evict.
No lease. Has lived on property since September 2005

Answer 1

until you have legal authority over the property i do not think you have standing to bring an eviction

once you get legal title to the property then move for eviction like any normal landlord tenant, without written lease most states assume its a month to month, so once you get legal title give notice ending tenancy then file for eviction

Answer 2

He paid rent and bills. If your name was not on any papers when he bought the place, then he can boot you out. I am sure you could try the lawyer thing, just because you did reside there, but he did give you written notice to vacate, so even if you did have an actual lease with him, he can still do that. I think if you hire a lawyer, you wouldn't win. You weren't married, and by the sounds of it, he wasn't living with you, so common-law marriage laws wouldn't be in affect. What you need to do, start looking for a place to live. If you waste your time trying to fight it, you could end up having a day to find a place. If you do decide to fight it, I would still have a back up plan, because I would say you will be forced to leave.

Answer 3

Eviction of “unnamed occupants”
Sometimes, people who are not parties to the
rental agreement or lease move into the rental
unit with the tenant or after the tenant leaves,
but before the unlawful detainer lawsuit is filed.
When a landlord thinks that these “occupants”
might claim a legal right to possess the rental
unit, the landlord may seek to include them as
defendants in the eviction action, even if the
landlord doesn’t know who they are. In this case,
the landlord will tell the process server to serve
the occupants with a Prejudgment Claim of Right
to Possession form at the same time that the
eviction summons and complaint are served on
the tenants who are named defendants.

Answer 4

Don't know what state you're in, but in California you need to go through the motions and evict him as though he had a lease. As soon as he moved a suitcase in, he became a tenant regardless of the lack of a signed lease.

What name are the utilities in? You can possibly expedite the process if you shut down the lights and water on the house. But be careful! A friend of mine was in a similar situation (in CA), did that, and was told by the Sheriff's Department that he had to leave everything on, which really screwed him as his ex liked to leave all the lights and stuff on 24/7.

Answer 5

you have to write up an eviction notice to vacate the property. (date it, give them 45 days to leave )have it notorized. make copies. go to the house and knock on the door if the person answers hand them the paper if not tape it to the front door where they will see it when they return. Go to your local Sheriffs office tell them the deliema and ask them how to go about evicting and how long they got before the sheriff can come sit them out.. in my state it is 45 days.. make sure you go about it in a legal matter so you can't be sued..also a lawyer will answer your question if you call one for free..

Answer 6

I think you're screwed. At least until the estate is settled. I suggest talking to a lawyer, it will be hard to find grounds based on the fact that there is no lease and therfore no rules to break.

Answer 7

Contact your lawyer and see what they advise. From the sounds of things, it sounds like you are justified in evicting him. Good luck with this:)

Answer 8

if he has no lease, he has no legal right to be there....trespassing.