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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Kansas and have a question regarding a friend who

Customer Question

Good morning, I live in Kansas and have a question regarding a friend who is staying in my basement. I agreed to let him move in with the understanding that it would be for a few months until he found another place to stay. It has now been almost four months. We never signed any sort of a lease. Currently, he is causing me much stress and anxiety and would like for him to move out. What are my rights as far as getting him out of my house.
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. I am going to assume you never agreed that he would pay you rent. If you did agree (verbally or otherwise) reply and let me know, as my answer would then be different.

He is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick him out of the home. He must be evicted like a tenant who has not paid rent. If after the quick eviction hearing he still does not leave, then, one can get a Writ and have the authorities forcibly relocate him.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give him notice to leave (KS does not specify how long for tenancy at sufferance, so 15-30 days is best) and if she does not;
2) Evict him as though you would a tenant; and
3) Have the authorities remove him by force if he still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 9 months ago.
We did agree that he would pay me $400 a month while he stays here.
Expert:  Ely replied 9 months ago.

Okay. In that case, my answer is different somewhat. Even if verbal lease, then he is breaching lease if not paying. As such, someone in your situation can:

1) Give him notice to quit (10 days if the agreement was for 3 months or less, 3 days if less than 3 months per Kansas Statutes Secs. 58-2507 et seq); and if he does not pay or quit, then
2) File for an eviction; and
3) Have the authorities remove him by force if he still does not leave; and
4) Change the locks.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!