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I allowed my ex wifes niece to stay with me and my son for a…

Customer Question
I allowed my ex...

I allowed my ex wifes niece to stay with me and my son for a while. She is causing all kinds of problems and I have asked her to leave and she keeps claiming tenants rights ect. She has never payed rent. we don't have any lease ect. I just gave her a place to stay and it isn't working

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Kansas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There is no lease

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/20/2017
Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,395
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Unfortunately, an individual does not need to pay rent or have a lease agreement to be considered a tenant. If this is your niece's primary residence and she does not have a home of her own, she would be considered a tenant. As a tenant, the landlord (you) is required to give the tenant (her) 30-days' notice in order to evict her.

If the tenant does not move out within the time period, then the landlord must file an unlawful detainer suit against the tenant. There will be a hearing at which the tenant may present evidence to dispute the eviction. However, an eviction of a month-to-month tenancy does not require a reason for the eviction and therefore will be granted by the court. Once the court has ruled in the landlord's favor, the landlord can serve the tenant with a writ of possession and request the assistance of the sheriff's office to evict the tenant.

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Experience: Attorney at Law Offices of Rosenstein & Associates

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