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How do I kick out a housemate who is not on the lease ...

 
 
 

Customer Question

How do I kick out a housemate who is not on the lease and pays no rent? This person was given written notice to leave and refuses.

Submitted: 1497 days and 6 hours ago.
Category: Real Estate Law
Status: CLOSED
 
 
 
 
 
 
Posted by Flagbridge-RE 1497 days and 6 hours ago.

Response From Expert

Did they every pay rent?

Are their other roomates or is this the only one?

How much notice was provided?

 
 
 
 
 
 
1497 days and 6 hours ago.

Customer Reply

This person has never paid any rent and is the only roomate. He was given thirty day written notice back on Jan. 4, 2008.

 
 
 
 
 
 

Accepted Answer

Donald,

Well he clearly is a guest. You are allowed to kick him out. I suggest you give him a 72 hour notice (because you let the 30 day expire without execution), and tell him he will be considered a trespasser.

I would suggest you phone the police and tell them that you have an unwelcome occupant that you have given 72 hours to leave, and want them to know this has been given, and if there is an issue you will be asking for their assistance.

They do not qualify for landlord tenant protection and do not qualify as a defacto tenant.

If you want to make sure you are legal, at the end of the three days go to the court house and ask for an eviction. Not necessary, but if you can tolerate their presence for the next few weeks, it will make your life easier.

If this helps please click ACCEPT.

Regards

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Expert: Flagbridge-RE
Pos. Feedback: 99.7 %
Accepts: 1366

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