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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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My daughter boyfriend lived with us mt rent free. I kicked m

Customer Question

my daughter boyfriend lived with us for 3 mt rent free. I kicked him out now he is saying he has squatters right.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Has he taken any legal action against you?

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What is your legal question I can help with?

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thanks

Barrister

Customer: replied 1 year ago.
we live in Pa, No he has not taken any legal action . Can we kick him out with out a eviction notice.
Expert:  barristerinky replied 1 year ago.

Legally no, he is correct that he would be considered a month to month tenant under an oral tenancy agreement. In order to legally terminate it, the property owner would have to give him a notice equal to the time that he pays any rent to his landlord (i.e. you). With that said, PA state law doesn't specify how much of a notice that you have to give someone who doesn't pay anything, but I would opine that a judge would find 7-10 days to be reasonable.

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But after that, if he still didn't move, you would have to pursue a formal eviction action through the courts to get a judgment against him and a writ to have the sheriff physically remove him.

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So legally he is correct.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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