i own a home and rented a room to a guy. I asked him to move out (giving him a full month to do so), but I fear that he will try to stay given that all we had is a verbal agreement. Is there anything I can do if he decides he doesn't want to move out?
2007-05-05 14:11:00 · 5 answers · asked by manano 2 in Politics & Government ➔ Law & Ethics
There is no way of guaranteeing that he leaves on any particular date. He cannot be evicted until you go to court and get an order, even if he hasn't paid rent in months. He still has thirty days after that to leave. When the eviction order date passes, you can call the cops and have him removed.
You cannot change locks, hold his possessions hostage, remove his possessions, prevent him from entering, etc until the date on an eviction notice passes. Even if you have a written agreement stating when he will leave, the cops won't remove him without a court order. If you do any of those things, he can sue you for illegal eviction. If he is a danger to the property or anyone else in the house, you can get a restraining order and an emergency eviction order, which is immediate (but you have to prove the nature of the emergency that you claim).
EDIT: linlyons is wrong. You still have to go to court if he won't leave.
2007-05-05 14:37:07 · answer #1 · answered by Anonymous · 2⤊ 0⤋
If all you have is a verbal agreement, you can probably get the guy kicked out pretty easily. Give him, in writing, a signed notice of eviction--the more time you give him the better. If he isn't out by then, he's technically a trespasser, and you can probably call the cops. If that isn't to your tastes, go down to the county courthouse and ask about filing an eviction lawsuit. They should have the relevant forms for you to fill out to get things going.
Depending on how complicated your situation is, you might consider calling a lawyer, but that's gonna cost you a few hundred bucks.
2007-05-05 14:21:30 · answer #2 · answered by Ryan D 4 · 0⤊ 0⤋
Above poster is correct and that you need to get a lawyer and legally evict him. Depending on how long he has lived there, even without paying rent, and what State you live in, he may claim "squatter's rights".
2007-05-06 02:45:38 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
Have him sign something in writing. If he has keys to the house that can be hard. In most states, if you have keys and your stuff is there you are a legal resident. You may have to take him to court to get him out. Just like any landlord would have to. It sucks. Sometimes they have more rights than you do.
2007-05-05 14:19:46 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Enforce that he should move out and that you really think he needs to leave. also try helping him find another place he can stay, offer to help him move out. if you do it kindly he might feel more obliged to. because you did it in a nice way. And if that doesn't work, Demand him that he move out. But do not threaten him to force him to move out, that could make things worse.
2007-05-05 14:20:59 · answer #5 · answered by Alexa 3 · 1⤊ 0⤋