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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34314
Experience:  16 years real estate, Realtor. Landlord 26 years
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Are the steps any different for the eviction of a 40 year

Customer Question

Are the steps any different for the eviction of a 40 year old sibling who is a squatter in a apartment in my residence. He does not pay rent and lives in unsanitary conditions. I would like him out as soon as possible.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months 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.

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If there is no written lease, then he would be a month to month tenant under an oral tenancy agreement. You as the landlord can terminate his tenancy with a one month written notice to terminate. If he didn't move out within that time period, then you can pursue a formal eviction action against him.

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After the month notice was up, you as the landlord would have to go to court and file a complaint for eviction. Then the tenant has 5 days to respond or you can get a default judgment. If tenant responds with an Answer within the 5 day period, the case will be set for a hearing to determine who should have legal possession. This can take several weeks to get scheduled depending on the court's docket. After the hearing, assuming you win, the tenant has 72 hours to move. Then you can get a writ of possession from the sheriff or constables office and have them personally appear and evict.

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So no, there is no difference when it is a family member who is squatting or someone who is an actual paying tenant.

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thanks

Barrister

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