How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36984
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My family were living with some people a year or so. The

Customer Question

My family were living with some people for about a year or so. The apartment is in our name. Now we had moved out but they refuse to leave because they are homeless. We tty to tell them to leave because we can't afford to pay for two places. We need help in removing tjem from the property so we don't have to pay any more. What can we do to make them leave
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year 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.

.

If the lease is in your name, and you let them move in after you moved in, then legally you are their landlord and they are your tenant under an oral month to month tenancy.

.

So as their landlord, you can evict them with a written notice to terminate their tenancy, 30 days if under a year, 60 days if over a year.

.

If they don't move out within that period, you can then file an "unlawful detainer" (i.e. eviction) action in the local Superior court to get a an order of eviction and a writ of possession to have the sheriff physically remove them.

.

If they have an agreement with you to pay rent, and they fail to to do, then you can just give them a 3 day notice to pay or vacate and then file to evict them if they don't pay you any agreed on rent.

.

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

.

.

thanks

Barrister