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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 35374
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My son and s wife live in my house. We have not asked them

Customer Question

My son and his wife live in my house. We have not asked them to pay any rent or bills so they could save their money for a home of their own. We do not want them in our home anymore and are wondering if we have to file a legal eviction.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Unfortunately yes, even if there was no written lease, if you allowed them to live there and move in their personal belongings, then they legally become your tenants and your are their landlord under an oral month to month lease.


You would have to give them a written one month notice to move specifying the date on which their tenancy will end. Then if they don't move out within that period you can file a formal eviction action in court to get a judgment and a writ of possession that the sheriff will execute to physically remove them from the property.





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