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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53964
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My friend has lived with the father of there kids for many

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My friend has lived with the father of there kids for many years now & he wants her & the kids out of His house in 30 days. Can he legally do this without evicting her?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. He can not force her out without getting an eviction order. To do so would constitute an illegal eviction and make the father liable for actual and punitive damages. Even if there is no lease and a person is only considered a guest and paying nothing,
the law does not allow the owner to forcibly evict a tenant without
obtaining an eviction order from a court. Such a tenant is deemed a month to month tenant. First, the owner must give her a written notice of at least 30 days to terminate the tenancy. But, if the
termination date comes and the tenant doesn't move out, the owner cannot
simply change the locks or throw the tenant's things out. Rather, what the owner has to do is to first deliver a Notice to Quit in
Maryland...which basically says the tenant has a specified number of days to leave or face formal eviction. But, if the tenant still doesn't leave, the owner must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a
hearing. Your friend will get a notice of this hearing and can attend and contest the owner's right to terminate. If the judge finds in her favor, the owner's petition will be dismissed without the eviction order being issued and that will be the end of it. Only if and when a judge has issued the eviction order can the owner have the tenant evicted. That will buy your friend a good bit of time even if she doesn't contest or doesn't prevail.



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Customer: replied 3 years ago.

Thank you.

You're welcome...it's my pleasure to help! Have a great day!
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/