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Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.
One moment as I type the response.
If the person has been there over 30 days, in most jurisdictions you will have to go through the evictions process, unless you can get them to get out voluntarily. I have seen some landlords actually offer to pay the unwanted person money to get out. I can see how this seems absolutely crazy, because your property will probably need work and cleaning when they get out, but if they won't get out, and the first guy has been there for the 30 days, he has rights and if you kick him out without evicting him, you are putting yourself at risk of being sued. I have seen landlords do this, and risk being sued. Sometimes, the tenant doesn't sue and they end up ok, but it really is a huge risk.