Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need help with an eviction im not sure how to go about it.

I need help with...

I need help with an eviction im not sure how to go about it

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Mn

Lawyer's Assistant: Has anything been filed or reported?

Cops have been called multiable times on them but nothing other than that has been reported no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a verbal agreemeant nothing was signed its my mom sister letting her fam stay with us for ONE MONTH!! and it has been past that already im tired of the threats and im tired of the yelling i want them out i just dont know how to do the eviction.

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 3 minutes by:
3/12/2018
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,214
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: In order to evict a tenant (that is what she is considered) without a lease (which is considered a month-to-month lease), the landlord (you) must provide the tenant with an eviction notice. The eviction notice must give the tenant 30 days to move out.
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.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
does this eviction notice need to be done by the courthouse and does it need to be notarized ?

No to both. It just needs to be written and you need to hand it to her. Make sure to keep a copy and notate on your copy the date and time that it was handed to her. Ideally, get her to sign your copying acknowledging receipt. This is not necessary (and probably won't happen based on the information you provided), but it would be helpful.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
one last question where can i get one of these at ? i assume its a legal document so is their a template or something ?
Customer reply replied 1 month ago
also can this eviction be longer than 30 days what is the max amount of time ?

You can click here to view a template.

Yes, you may give the tenant more than 30 days to move out, if you wish to do so. 30 days is the minimum.

Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,214
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
thank you vary much this has been vary helpful !!! much appreciated

You're very welcome.
Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,214
1,214 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
If you rent a house in Georgia, then find out it is Electric
Hi, if you rent a house in Georgia, then find out it is Electric and gas you don't want gas but they didn't tell you about the gas. You walk in and find that out how long do you have to cancel the lea… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a lease renting out a basement in a single family
I have a lease renting out a basement in a single family home. This area requires a sump for a high water level. The house in equipment with two sumps but the pumps are not connected. The landlord was… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
What does ordered and adjuged means. Emerald place FL. I
I have letter stating ordered and adjuged for a stipulation entered on 032718… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
I have a question regarding eviction in the state of
I have a question regarding eviction in the state of Georgia … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
If you rent a house in Georgia, then find out it is Electric
Second opinion] Hi, if you rent a house in Georgia, then find out it is Electric and gas you don't want gas but they didn't tell you about the gas. You walk in and find that out how long do you have t… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,396 satisfied customers
My landlord has refused to correct the heating issues in the
my landlord has refused to correct the heating issues in the house I rent for two winters now . the heating that is here has been deemed illegal and now is inoperable . its been two weeks without a so… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Landlord is trying to make my son pay POA dues on a leased
Second opinion] landlord is trying to make my son pay POA dues on a leased property with a two week notice. There is no stipulation in the lease that says anything about the tenant having to pay them.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Me again...my tenants left a lot of trash and personal
Hey...me again...my tenants left a lot of trash and personal property. I tried to send them the cert letter but the letter was returned with Moved left no forwarding address. What do I do now If I can… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My husband and i rented a house from a friend of his. my
my husband and i rented a house from a friend of his. my husband got arrested for molesting my daughter. now my husbands friend gave me a 30day notice to move. this is in retaliation because i had my … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Try to explain briefly. My daughter lives in Atlanta and
Try to explain briefly. My daughter lives in Atlanta and rented a house with a roommate last July 1, 2017. I had to sign lease as well because of her low income. The roommate turned out to be crazy an… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
What is the youngest age a head of house hold must be to
What is the youngest age a head of house hold must be to rent a apartment that's on the Governments Section 8, program in Los Angeles County ?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have a rental property in Santa Fe NM. Recently i had to"
I have a rental property in Santa Fe NM. Recently i had to" evict" a tenant for non payment. I've determined the next step would be small claims court. I have down loaded the necessary documents, and … read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
I need a lawyer who can deal with property city laws. I rent
I need a lawyer who can deal with property city laws. I rent my home out from time to time when I travel on Airbnb. We have advertised on the Airbnb site as a venue for weddings and receptions since o… read more
Attorney 1
Attorney 1
2,618 satisfied customers
I live in a mobile home park Rv park an there is 220 spots
I live in a mobile home park Rv park an there is 220 spots here with only 10 Hispanics . The managers are quick to jump on us Hispanics about rules but when you tell them about the anglos breaking rul… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,229 satisfied customers
I'm renting a wharehouse for my bussines and i was a month
i'm renting a wharehouse for my bussines and i was a month late for a couple a months and right now i'm only owe this month and the landlord told me if i don't pay this month before the first of may he will lock the doors … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
My apt complex caught fire in Feb. I was displaced out of my
My apt complex caught fire in Feb. I was displaced out of my apt after 4 weeks to another apt in the complex. In the mean time I told them I was looking for a house. I found a house after I was moved … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
I'm in Texas. A representative from the owner of the apt
I'm in Texas. A representative from the owner of the apt complex in live in was fired for theft. In the interim, my lease was filled out incorrectly with the wrong dates and the $775 money I paid up f… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Can a Section 8 program landlord, who say he only rent to
Can a Section 8 program landlord, who say he only rent to people 55 year old and over? deny a 21 year old from living in the section 8 rental apartment with his grandmother who is home from college.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x