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 Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
Type Your Landlord-Tenant Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Whats the fastest way to evict someone living in your home

This answer was rated:

Whats the fastest way to evict someone living in your home who doesn't and hasn't ever payed rent, who doesn't clean up after themselves and refuses to go by any of the house rules and when confronted about it they yell and cuss at you?
Thank you for your question.

The fastest way is also the only way, I am afraid. What you must do is first give this individual written 30 day notice to quit the premises. The reason for that is under law a non-paying occupant is treated as a 'month-to-month' periodic tenant. Such a tenant is entitled to 30 days, and similarly so is a non paying occupant. Then, after the 30 days are up, if they are still on the premises, you would have to go to local court and file for a formal eviction hearing. Make sure to bring a copy of this written notice with you, since without notice the courts would not permit the eviction petition to proceed. The notice must be either sent certified mail (so as to prove notice), be served by someone 18 or older, or affixed to their front door of their bedroom.

If the petition is filled out a nd filed, a summons would be issued for a hearing. If the judge grants the eviction, then you will obtain a formal writ of possession. You would need to take this writ to a local sheriff, and have the sheriff forcibly eject this person from the home.

I realize that this is a long and painful process, but that is because the laws specifically favor tenants, even non-paying ones. Anything else could conceivably get you sued by this person and fined by the courts.

Good luck.

Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate my service as either "Bad" or "Poor”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.

Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!

Dimitry K., Esq. and 2 other Landlord-Tenant Specialists are ready to help you