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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34813
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am living with 2 roommates in my house since July, 2016.

Customer Question

I am living with 2 roommates in my house since July, 2016. 1st roomates moved in in on July 1, 2016. The 2nd roommate moved in on July 7, 2016. 1st roommate will move out on Sept. 30, 2016. I gave my 2nd roomates a written 30 days move out notice on Sept. 15, 2016, asking him to move out on Oct.30, 2016. However the 2nd roomates refused to move out on Oct.15, 2016, but insist to move out on Oct. 31. We all have sighed a month-to-month rental agreement & 30 days move out rule
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: when they moved in. Am I doing the right thing to my 2nd roommate?
JA: Has any paperwork been filed?
Customer: We all have a copy of our signed rental agreement.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 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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I gave my 2nd roommates a written 30 days move out notice on Sept. 15, 2016, asking him to move out on Oct.30, 2016. However the 2nd roommates refused to move out on Oct.15, 2016, but insist to move out on Oct. 31.

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These dates are very confusing... you gave the 2nd roommate a 30 day notice on Sept 15 to move out Oct 30.... This is a 45 day notice..

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And you say he won't move out Oct 15....but you gave him until Oct 30 to move according to your comments..

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What is your legal question I can help with?

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thanks

Barrister

Customer: replied 5 months ago.
I gave 2nd roommate 30 days move out notice on 9/15/2016, hoping he will move out on 10/15/2016. But the 2nd roommate refused to move out on 10/15/2016.
The reason of that is I want the 2nd roommate moves out ASAP. AM I entitled to do that?
Customer: replied 5 months ago.
Are you there?
Expert:  Barrister replied 5 months ago.

Ok, I thought that might be a typo...

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Unfortunately if the roommate won't move out within that 30 day period, you will have to file a formal eviction action through the courts in order to get a judgment and a writ that the sheriff will execute to physically put the person out of the home.

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You can't just throw them out along with their property or that is an illegal eviction and they could sue you and they would win.

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You can file an eviction case on 10/16 if you wanted to put the pressure on them to move out, but it takes about 3-4 weeks from start to finish before you could have the sheriff force them out.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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