Hi, we have a property that a gentleman who was supposed to be a friend of my husbands agreed to rent. Unfortunately we did not make him sign a contract since he was supposubly a friend. The gentleman moved in changed the locks and will not leave while he has never given us one single dime since occupying the home in July. We have served an eviction notice but gentleman still says he will not leave he claims he was never renting the property and that it is his property. Since he claims he never rented the property he's just freeloading in our property is their any restrictions on getting him out of the home or do we need to go all the way to court. Thank You
2007-10-16 01:40:48 · 11 answers · asked by houtskc 3 in Business & Finance ➔ Renting & Real Estate
No written lease = a month to month tenancy by default.
Evict him through the courts.
I'd like to see how he is going to back up his claim that it is his property.
In the future, never rent to friends or family. It very rarely works out and the relationship is usually lost.
2007-10-16 01:49:53 · answer #1 · answered by ? 6 · 2⤊ 0⤋
well since he has been served with an eviction notice (30 days notice) bring a copy of the paper to your local court house. pay 15 dollar fee and set a court date. regardless of there being no lease he has still be occupying the home for 4 months and has not paid nothing. thats grounds for eviction- non payment. the court will serve him papers to appear and he should be out in less than a month. go to court and set this date asap! FYI DO NOT RENT TO ANYMORE "FRIENDS" BC THIS ONE TOOK ADVANTAGE OF YOUR KINDNESS.
2007-10-16 02:14:57 · answer #2 · answered by spadezgurl22 6 · 1⤊ 0⤋
If an eviction notice has been served and he claims he owns the property - he will need to have the documentation to prove this. You could contact the Citizenz Advice Bureau for more advice - you may find that the longer he stays the more squatter rights he has as such -however im sure there is legal laws to protect you against your homes locks being changed etc.
sorry not much help - but id get onto this asap....the longer he stays - the harder this will be. Keep bugging him!!! and get your legal rights sorted out - he obvioulsy knows his to an extent.
2007-10-16 01:54:38 · answer #3 · answered by firefly 2 · 1⤊ 1⤋
If you have provided him with the proper notice according to your state's landlord tenant act, your next step is to head over to magistrate court and file a suit for restitution and eviction and place a claim for back rent, damages and collection costs against him, once the order is signed by the judge after the hearing then take the order to the sheriff who will then physically remove him from the premises. Even though you do not have a written lease he is still only your tenant and you must adhere to the procedures to evict and take over the property in accordance to your state's landlord tenant act.
2007-10-16 01:50:37 · answer #4 · answered by newmexicorealestateforms 6 · 1⤊ 2⤋
Call the police. If he cannot provide evidence that he owns or rents from you, then he is the one trespassing. You have made it clear you want him off your property, he has to respect that. The fact that you didn't sign a renter's agreement with him, is a good thing for you right now. There is nothing to protect him.
2007-10-16 01:52:24 · answer #5 · answered by Jumbonaut 3 · 1⤊ 0⤋
What a low life piece of garbage.
I would call the sheriff and talk to them about it.
Depending on how agressive your local sheriff is you could have him arrested for trespassing.
This guy has some guts ripping you off like that.
P.S. Also have the sheriff check to see if he has any outstanding warrants.
This might get him thrown in the slammer.
Hope this helps.
Terry S.
2007-10-16 11:22:05 · answer #6 · answered by Terry S 5 · 1⤊ 0⤋
file for eviction right away for non-payment of rent, sue for all past rent and court cost,
let him try to tell that story to a judge and see how far he can get with that bull, then follow up with a judgment /eviction and place that on his credit
2007-10-16 02:04:26 · answer #7 · answered by goz1111 7 · 2⤊ 0⤋
Here is a website that discusses the general eviction process. It might help you.
http://jec.unm.edu/resources/brochures/landlord-eviction.htm
2007-10-16 01:50:47 · answer #8 · answered by Christiane 3 · 1⤊ 0⤋
i rented with my ex bf , never again will i do this. he was not responsible, did not help pay for utilities or rent. my advice to you. never rent to family or friends -never. that is how people take advantage of you.
2007-10-16 04:23:33 · answer #9 · answered by rodriguez m 3 · 1⤊ 0⤋
id just kick his A$$
2007-10-16 01:49:58 · answer #10 · answered by ? 4 · 1⤊ 0⤋