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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38217
Experience:  Attorney over 17 years, landlord 26 years
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I have someone living in my house (I own my home) that I want

This answer was rated:

I have someone living in my house (I own my home) that I want out. There is no lease agreement. I now want the person out. Here are my questions:

1) How many days notice do I give?
2) What forms do I need legally to fill out?
3) Will I need a court order?

I plan on doing a written notice but I not feel I should.

Please advise.

David Alaga
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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How long has the person been living there?
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Do they have their personal property there?
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Do they get their mail there?
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Is there any agreement for rent to be paid?
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Thanks
Barrister
Customer: replied 4 years ago.

Thank you for your reply.


 


How long has the person been living there? This is there 8th month.
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Do they have their personal property there? Yes.
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Do they get their mail there? Yes.
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Is there any agreement for rent to be paid? Yes, he pays rent but no papers were signed.

Customer: replied 4 years ago.

I am sorry. I replied via email... Here is my reply and thank you for the quick response:


 


How long has the person been living there? 8 months.
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Do they have their personal property there? Yes.
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Do they get their mail there? Yes.
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Is there any agreement for rent to be paid? Verbal agreement only

Thank you for the additional information. I hate to say it, but the person is a tenant. Even if there is no written lease, once someone agrees to pay anything as rent and moves in, they become a tenant. In this situation, they would be a tenant under an oral month to month tenancy and you would be the landlord.
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With that said, you would have to give them a written 30 day notice to terminate the tenancy before you could proceed with a formal eviction action to regain possession.
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To start the process, you must give tenant a written 30 day letter or notice before evicting. Depending on the reason for the eviction, this letter may be called a "Notice to Quit or Vacate".
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The way tenant receives the eviction notice is very important. The notice must be served upon them in person. If they cannot be found, the service of the notice may be made to a person of proper age (16 years) upon the premises. If neither of these can be done, service may be made by posting the notice in some conspicuous place upon the leased premises. If the notice is posted on the premises, a copy of the notice must be mailed through first class U.S. mail, postage prepaid, to the premises within 3 calendar days of the date of posting.
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You cannot evict until you go to court, file a lawsuit for possession of the dwelling (known as a suit for possession), and obtain a judgment against tenant. Nor does tenant have to move out of your dwelling until a court has entered judgment against them.
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Then you would have to appear on the designated date for the hearing and both sides would present their cases. If the judge awards the landlord an writ of eviction, the landlord can have the Marshall physicallly remove tenant as soon as 3 days later.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.



Customer: replied 4 years ago.

Thank you very much. Can I use any 30 day written template online or does it need to be a specific form?


 


Sorry,


 


 

There is no specific requirement that you use a standard template form. You can pick one up at any local office supply store that is pre-printed and all you do is fill in the tenant's name and address.
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Thanks
Barrister
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