Immigration Law Questions? Ask an Immigration Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Are you renting to him or just letting him live there?
If renting, is he under a written fixed term lease or is he month to month?
Is he current on his rent?
Ok, if there is no agreement about how much to pay in rent, then the person is considered a month to month tenant under an oral tenancy agreement.
Their immigration status has nothing to do with your rights to evict them and you would need to start out by giving him a written 30 day notice to vacate, specifying the date on which the tenancy will end.
If he doesn't move out within that 30 days, you can file a formal eviction action, called a forcible entry and detainer (FED), in the local court to get a judgment and a writ of possession that the sheriff will execute to physically remove him from the property.
There must be at least 3 days between when you file for the FED and when the hearing is held. Assuming that you win at the hearing, you are entitled to a writ of possession 3 days after getting a judgment. So you are looking at a minimum of 12 days after you filed the FED before you could have the sheriff physically remove him and his property.
You could also threaten to call Immigration and Naturalization Services and report him as being an illegal alien as that might encourage him to move out earlier..
You are very welcome. Happy to help any time.
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Did you have any other questions I can help with?.
Ok, have a great evening!