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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36241
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have tenants who have been living in a house I own last 3

Customer Question

I have tenants who have been living in a house I own for the last 3 years. In error my partner allowed them to move in without signing a lease and although they were supposed to sign the lease after they moved in, they always found one excuse or another for not being able to find the time to sign it or get it notarized. Therefore these tenants do not now nor have ever had a lease. Their rent is due on the first and late after the 5th of each month. We have had to remind them of this frequently. They never paid September's rent. My partner called one of them twice after the rent was past due, leaving a message on his voicemail telling him the rent was past due and needed to be paid. We received no response. My partner then called him at his job. He told my partner to leave him alone and that he should have me call his girlfriend. He did not give any explanation for why the rent hadn't been paid and what his plans for the future were. On September 25th, I sent a letter telling to them (by both certified mail and first class mail) stating that they now owed rent for the entire month of September, as they had lived in the house for the month of September and that due to the lack of a rent payment and the lack of any kind of communication on their part, we would be terminating their tenancy as of October 1st. I have yet to receive any response from them or any money and yet they continue to live in our house.
What is the next legal step that I can take. How can I remove them from my home in the swiftest possible manner. I've already lost September's rent and we are now into October. I am sure I will need to paint and replace the carpet before I can show the apartment to prospective tenants and right now I can't do any of that because they are still in the apartment. What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Have you given them any type of written notice to pay or vacate by a certain date? ( i.e. "Pay $XXXX or move out within X days" notice)

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thanks

Barrister