If this provision is written into the lease, then they are in violation of the terms of the lease and you can evict them
Do you have a written lease with these tenants? If so, does it specify the number of residents? Does it address the children being there?
And finally, does the lease have a provision that states if terms of the lease are violated the tenants can be evicted?
i dont have a sign lease with them,,,they were homeless and i offer them a basement apt, i fixed up in my basement for them to live
As they are just staying there at your invitation, they are not tenants (unless you have an oral lease) and cannot be evicted. However, if there is no lease (written or oral) they do not have any rights as tenants. You can ask them to leave at any time, and if they refuse they are trespassing and you can have them removed.
If you do have an oral lease, you can give them notice that they must leave within 30 days. (Written notice). If they do not comply, you can evict them legally.
well, they do pay me rent, and we both would agree its an oral lease, nothing in written, so may i ask one more question?
if i wanted them to leave because i wanted to move a friend in and i gave them 30 to 60 days to leave, and they refused, could i evect them, or if i just didnt want tenats any longer???
Yes. What state are you in?
Ok, give me just a few minutes please.
In Pennsylvania, for an oral lease, you must give only 15 days notice. You must give this notice in writing, and you have to either deliver it personally or post it on their door. It must state that they have 15 days to move, and the reason for the eviction (non payment of rent, breach of lease provisions, or simply that you have decided to terminate their lease). Since they do not have a written lease with a specified term, you can terminate the lease for any reason you choose at any time you choose so long as you follow the legal requirements.
If they do not leave after you have given them the 15 day notice, you can evict them by filing an eviction action in court.
You are very welcome!
Here is a link to some information that you may find useful as a landlord. This covers many situations, and even if you don't need it now it may come in handy for you later.
ok, thank you! you been very helpful, have a nice day, bye!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).