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I help a home less person for a few mouths let them say in a…

Customer Question
Hi i help a...

Hi i help a home less person for a few mouths let them say in a room in my home rent free. I found that there using heroin in my home after i live for work. How can I get her out of my home.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Idaho

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 9 months ago.Category: Legal
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Customer reply replied 9 months ago
I just want them out I have younger kids living here
Answered in 10 minutes by:
9/23/2017
Lawyer: Bill Attorney, Lawyer replied 9 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,457
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your landlord tenant question today in Idaho .

Because you let a person stay in your home out of good will not under a lease or rental agreement this person isn't a tenant in law but a guest who can be asked to leave at anytime.

You are entitled to lock the person out.

If the person refuses to leave and law enforcement won't assist you need to bring an unlawful detainer action at your local justice court to evict this person; this involved serving the person with a written notice to vacate for unlawful drug activity at your house.

"

6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a term less than life, is guilty of an unlawful detainer:

1. When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the civil code.

2. Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Such notice may be served at any time within one (1) year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty (60) days after the expiration of his term without any demand of possession or notice to quit by the landlord, or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year.

3. Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, can not afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him."

You can hand him a three day notice to vacate under the above statute.

We are here to help.

Please follow up with me as required.

In return remember to take the time to rate positively today.

You do this by rating 5***** , 4**** or better.

SO I hope you rate FIVE STARS today, this is how I get a credit for my time and assistance to you.

Thank You

Attorney Bill

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