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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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Please advise me how to evict a non-paying individual from

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Please advise me how to evict a non-paying individual from my house and then obtain a restraining order?
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

It doesn't matter whether they are paying or non paying, they have the rights of a tenant. As a tenant you have to evict them in the same manner as you would a tenant. The first step is to have someone else serve them with your 30 day notice to vacate. That is the way to start. Then your local magistrate or housing court can give you the forms for a judicial eviction.
Expert:  lwpat replied 5 years ago.
If the party is violent or you are in fear of your life, you can ask the magistrate about a restraining or no contact order. The magistrate will review the situation and make a decision.
Customer: replied 5 years ago.
Who would actually serve the 30-day notice papers and must this notice be obtained from the court? Also, during that 30-day period, can I set down defi=
nite rules to be obeyed by this individual.
Expert:  lwpat replied 5 years ago.
You can get anyone to serve the notice and you have to type it up. That notice does not come from the court but you have to have a copy and certificate of service to prove that the party actually received the notice. As to the rules, that depends on the situation.
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