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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have a question regarding what we can do to in the

Customer Question

Hi,
I have a question regarding what we can do to in the situation that the tenant refuses to move out on the day she promised.
We have rent a room of our house to a tenant for about 7 months. In December, we notified her that we want to terminate the month to month lease and give her 30 days to move out. She agreed to move out by the end of January. However, when we send her email to confirm today, she said it won't happy until end of Feb. The tenant still owes us rent for December and she has pushed back the move out date twice. What legal right we have in this kind of situation? Do we have to allow her to say as long as she wants? As we also live in the same house, it's been awkward and uncomfortable for us.
Please kindly give us your advice. Thank you very much.
Lili
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Daniel Melnyk, Esq replied 1 year ago.

I am sorry for your situation, given the fact that the person lives in your home. Typically, you would need to refrain from any self help activities such as changing the locks and then, file an Unlawful Detainer lawsuit. However, in this instance, the person is not a tenant, but a "boarder". As such, the boarder has less formal rights of eviction. The first thing to do is to call your local police departmenent to find out if you can evict the boarder based on your desire to evict them. The police have different procedures depending on the jurisdiction. They should be able to tell you if they can simple remove the boarders property or not. In the worst case, you may need to provide written notice of eviction and file an unlawful detainer, serve the nitice, and go to court for eviction and back rent. At best case, depending on your jurisdiction, the police may request that the boarder leave. I hope the best outcome. Thank you.

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