i have a year lease signed with my tenant, but now i need to move back into my home. can i evict him. he has also broken the lease. he had roommates move in without me knowing about it.
2007-09-12 08:29:14 · 10 answers · asked by sherry c 1 in Business & Finance ➔ Renting & Real Estate
Call a local atty and begin eviction proceedings.
2007-09-12 08:31:24 · answer #1 · answered by wizjp 7 · 0⤊ 2⤋
First, check your lease and make sure that you specifically have something in there about guests. if you have nothing limiting the amount of time a "guest" can stay then he can easily claim in court they are not there on a permenant basis.
If there is something in there about guests you need to send him a quit or cure letter. this basically tells him that he is in violation of the lease and has X number of days to remedy the violation. Check with a local attorney in your area who is well versed in evictions for this. Most municipalities have very specific ways these notices must be worded, delivered and also set the number of days that you must give for a violation to be corrected.
If the violation is not cured in the proper amount of time then you can get the eviction proceedings done. Again, let the attorney handle these. The laws are very specific on how evictions can be done. The attorney should be aware of all the proper notices, time frames, etc. Make sure you use an attorney that knows eviction law. regular run-of-the mill general practice attorneys don't usually know the nuances of evictions and one mistake can get the process started all over again.
Lastly, if the tenant actually does cure the lease violation then you won't be able to evict him. That's the one problem with year long leases. With month-to-month leases you usually give 30 days notice and they have to leave.
You could also offer your tenant an incentive to move. tell him you will pay his moving costs for him if he is out in X number of days. It might be cheaper in the long run than hiring an attorney.
Good luck!
2007-09-12 15:38:54 · answer #2 · answered by Patrick 5 · 3⤊ 0⤋
You can't just evict him so that you can occupy the place. You'll have to wait for the lease expiration for that.
If he has moved people in without notifying you you must give him a chance to cure that lease violation, assuming that your lease explicitly requires that. You'd have to send him a 30 day Notice to Cure or Quit. He has three options then:
1. Move the roommates out.
2. Provide you a list of the roommates' names.
3. Move out himself.
Most likely he'll pick option #2. Once he's done that, he will be in compliance with the terms of the lease and you will NOT be able to evict him. In the unlikely event that he fails to act at all, only then can you start eviction proceedings. However, he can cure the problem at any time by notifying you of who the roommates are.
2007-09-12 15:37:12 · answer #3 · answered by Bostonian In MO 7 · 4⤊ 0⤋
You can't just randomly use the roommates as an excuse - he can argue that you knew about it and it wasn't a problem before now.
Depending on the state you live in, you may not have a leg to stand on.
Sure, you can evict him because you do have the right to live in your own house, BUT YOU WILL wind up paying him a considerable amount of money in moving expenses and living expenses until he can find a new place to rent.
Take the high road and find the tennant a comparable place to live in a comparable neighborhood for the same price, and help him move out - returning his entire deposit.
I think any judge would consider this offer reasonable, and if the guy doesn't accept he may wind up with nothing.
2007-09-12 15:35:22 · answer #4 · answered by Roland'sMommy 6 · 2⤊ 0⤋
Sherry - i agree with many responders here - you cannot use the roommate thing as an excuse at this late date if you have not previously brought it to his attention.
but here is a suggestion - if you do not want to wait until the lease expires or you do not want to go through the courts for eviction.....why not go talk to the renter in person...offer him 2 months rent refund and his deposit refunded if he moves on a a certain date so you can move back in. If it was me...i would accept that in a heart beat....if he accepts then give him the money on the day he moves. all is said and done at that point...he has scratched your back and you have scatched his. should work out great with no problems.
just a suggestion -good luck :)
2007-09-12 16:21:29 · answer #5 · answered by Blue October 6 · 0⤊ 0⤋
well you would have to actually allow the lease to take its course, is there something in the lease about no roommates? If so you could send a letter of the voilation saying they have 30 days to go or he'll be evicted
2007-09-12 15:32:58 · answer #6 · answered by sarah W 4 · 1⤊ 0⤋
If your lease specifically states that he is to be the sole tenant, then you must notify him in writing immediately that he is in breach of contract. Contact the magistrate, and request that you be allowed to file a notice to show cause to evict. The magistrate will have the final say as to whether or not you have cause to evict. If you cannot prove that he has allowed others to live in the residence full-time, then you may not be allowed to file.
2007-09-12 15:39:50 · answer #7 · answered by Rappel_Welch 4 · 0⤊ 1⤋
Does it say anything on the Lease about the roommates? Have you talked to him about it? Does he know its an issue?
If you kick him out randomly saying that he has roommates and this is the first he's heard about it being an issue.. he might fight back.
2007-09-12 15:32:01 · answer #8 · answered by :: Coast.al 5 · 1⤊ 0⤋
go to court, get eviction order
2007-09-12 15:36:43 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Sorry ducks, you lose and he stays.
2007-09-12 15:38:10 · answer #10 · answered by Chris B 7 · 0⤊ 2⤋