I am selling my house and i let some friends stay with for 7 months i have asked them to move already but no luck, do they have squatters rights? or can ijust change the locks and leave their stuff out in the front of the house.
2007-11-17 01:41:04 · 10 answers · asked by starkzao 1 in Politics & Government ➔ Law & Ethics
you have to go the the system and evict them
2007-11-17 01:44:27 · answer #1 · answered by furmanator1957 4 · 0⤊ 2⤋
The answer to your question is going to vary from jurisdiction to jurisdiction. In some places, you can indeed just put out their stuff and change the locks. In others, you must go through some legal process.
If they have a lease, any conditions of the lease that are not terminated carry over to the new homeowner, which could make your house a tough sell.
If they have been staying through your generosity, without a lease or other document giving them specific rights or privileges, then common law and whatever statute law applies where your house is will prevail.
This is something that requires expert advice, so I suggest you talk to a lawyer well-versed in real estate law instead of relying on yahoos such as me who give unprofessional advice on Yahoo Answers.
2007-11-17 01:56:57 · answer #2 · answered by greyguy 6 · 2⤊ 0⤋
No one has asked you the relevant question yet, and that is, in what state is this happening.
The process for and rights to eviction vary from state to state and so does the process and timeframe.
BY THE WAY:
If you change the locks and leave their belongings on the front lawn without formal eviction per your state stautes, you can be sued for illegal eviction which, in most states, carries with it treble damages and puntative fines.
If you have an extra $10,000 to $25,000 then go for it. Otherwise, follow the law or speak with a local real estate attorney.
2007-11-17 01:53:07 · answer #3 · answered by hexeliebe 6 · 1⤊ 1⤋
It would be advisable to file an eviction notice. Since you have allowed them to live there, you cannot legally just throw them out even if it was free lodging. They have no other rights unless you have signed some sort of contract with them. An eviction notice usually allows the person evicted 30 days to leave. Hopefully they will not trash the house because of this.
2007-11-17 01:47:33 · answer #4 · answered by sensible_man 7 · 0⤊ 2⤋
Yes, they have rights, anyone who stays at a residence more than three days has rights.
You simply go down to the court house, get an eviction notice, and have it delivered by a police officer. When the 30 days are up, if they are not gone they will be forcibly removed and you transaction can be finalized with the new owners.
2007-11-17 01:47:12 · answer #5 · answered by amosunknown 7 · 2⤊ 2⤋
Better call an attorney. Give them and eviction notice. Have they ever paid? Once they've hadd 30 days you can get a sheriff to accompany you.
2007-11-17 01:44:32 · answer #6 · answered by PATRICIA MS 6 · 0⤊ 1⤋
Send an eviction notice. Have they been paying rent? If so they have 30 days to get out. If not then you can have police come and in force them to leave. If you own it they have not rights except if they have paid rent it is 30 days.
2007-11-17 01:44:58 · answer #7 · answered by Teddy's Mom 4 · 0⤊ 2⤋
i don't think i have ever heard of squatters having rights, but you might want to see an attorney, for a few bucks it might help you to know where you stand legally
2007-11-17 01:45:38 · answer #8 · answered by Anonymous · 2⤊ 1⤋
How long have you been telling them to move out? If you feel you have given the person plenty of time, like a month or more, and they aren't getting out, then I think you can go ahead and do that.
2007-11-17 01:45:33 · answer #9 · answered by Devon R 3 · 0⤊ 3⤋
you are nice to let them stay now they must go. they do not have squatters rights kick them to the curb.
2007-11-17 01:45:18 · answer #10 · answered by robertbrown178 1 · 1⤊ 3⤋