Real Estate Law
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Good afternoon. My name is ***** ***** I look forward to helping you.
Just so I can make sure I fully understand...is the situation that these people are living in a home that you own and you want them out of it? Thanks.
Thanks for following up. You can force them out. Since they've been there a while, if they won't leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and even if they are paying nothing, the occupants are considered “at will” tenants and treated legally as month to month tenants. As such, you can terminate this tenancy by giving written notice of at least 30 days. If they then do not leave voluntarily, under Alabama law, you will then need to give a 10-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still don't leave, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. Since you are the owner of the home, you can sell it at any time you choose; although it will be most helpful in selling the place to get them out first.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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Thanks for following up with regard to your stuff in the house. If it's stuff they are using as tenants, you would have to leave the stuff until you evicted them. If it's stuff that's not being used in their tenancy, but is just there, you can remove that and/or sell it.