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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.

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Answered in 3 minutes by:
3/12/2018
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,394
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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months 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: 1,394
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months 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.

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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).

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