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Barrister
Barrister, Attorney
Category: Immigration Law
Satisfied Customers: 37100
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a 70 year old man that has been living in my basement

Customer Question

I have a 70 year old man that has been living in my basement for over a year now and i can't talk him into leaving the U.S. and returning to England where he's from. I took him in temporary after his girlfriend passed away. I didn't know he was never married to a U.S. citizen until recently. This guy is overstayed his visa now for around 18 years. He now says he isn't leaving. What can i do to get Michael J Barnes out of here? My name is***** ph.***-***-**** I don't want to be in any trouble having him live in my downstairs basement. Thank You..
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Barrister replied 11 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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Are you renting to him or just letting him live there?

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If renting, is he under a written fixed term lease or is he month to month?

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Is he current on his rent?

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thanks

Barrister

Customer: replied 11 months ago.
No written agreement or contract, sometimes pays a small amount of cash but not enuff to make it worth my while. His brother from England transfers his retirement money from England to a bank in Brighton Iowa. I'm not sure what he gets per month. I own my house.
Customer: replied 11 months ago.
Any questions for me, just let me know. Thank You.
Expert:  Barrister replied 11 months ago.

Ok, if there is no agreement about how much to pay in rent, then the person is considered a month to month tenant under an oral tenancy agreement.

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Their immigration status has nothing to do with your rights to evict them and you would need to start out by giving him a written 30 day notice to vacate, specifying the date on which the tenancy will end.

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If he doesn't move out within that 30 days, you can file a formal eviction action, called a forcible entry and detainer (FED), in the local court to get a judgment and a writ of possession that the sheriff will execute to physically remove him from the property.

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There must be at least 3 days between when you file for the FED and when the hearing is held. Assuming that you win at the hearing, you are entitled to a writ of possession 3 days after getting a judgment. So you are looking at a minimum of 12 days after you filed the FED before you could have the sheriff physically remove him and his property.

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You could also threaten to call Immigration and Naturalization Services and report him as being an illegal alien as that might encourage him to move out earlier..

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thanks

Barrister

Customer: replied 11 months ago.
Ok, thank you.
Expert:  Barrister replied 11 months ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Customer: replied 11 months ago.
34;For Barrister"
Expert:  Barrister replied 11 months ago.

Did you have any other questions I can help with?.

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thanks

Barrister

Customer: replied 11 months ago.
Not today.
Expert:  Barrister replied 11 months ago.

Ok, have a great evening!

Barrister

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