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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37652
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Whats the fastest way to evict someone living in your home

Resolved Question:

Whats the fastest way to evict someone living in your home who doesn't and hasn't ever payed rent, who doesn't clean up after themselves and refuses to go by any of the house rules and when confronted about it they yell and cuss at you?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

The fastest way is also the only way, I am afraid. What you must do is first give this individual written 30 day notice to quit the premises. The reason for that is under law a non-paying occupant is treated as a 'month-to-month' periodic tenant. Such a tenant is entitled to 30 days, and similarly so is a non paying occupant. Then, after the 30 days are up, if they are still on the premises, you would have to go to local court and file for a formal eviction hearing. Make sure to bring a copy of this written notice with you, since without notice the courts would not permit the eviction petition to proceed. The notice must be either sent certified mail (so as to prove notice), be served by someone 18 or older, or affixed to their front door of their bedroom.

If the petition is filled out a nd filed, a summons would be issued for a hearing. If the judge grants the eviction, then you will obtain a formal writ of possession. You would need to take this writ to a local sheriff, and have the sheriff forcibly eject this person from the home.

I realize that this is a long and painful process, but that is because the laws specifically favor tenants, even non-paying ones. Anything else could conceivably get you sued by this person and fined by the courts.

Good luck.

 

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Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37652
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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