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This is in response to Lori's response asking for more info:I have a tenant who has been late with the rent for the past 3 or 4 months. He is going through some personal issues that I don't care to get involved with. In the past he has helped around the property with some small remodeling / upgrades / paint and the like. He was obviously lit up Friday evening ........texted me with some foul remarks and threatening to claim squatter's rights so That I would have to hire an attorney to get him out. I am trying to understand sqautter's rights so that I know how to move forward.We do not have a formal lease agreement and he apologized Saturday for his text. I am in process of drawing up a formal lease but am going to be prepared.
Submitted: 3 months ago.Category: Legal
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4/1/2018
Lawyer: Richard, Attorney replied 3 months ago
Richard
Richard, Attorney
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Lawyer: Richard, Attorney replied 3 months ago

Good afternoon. First, "squatters rights" refers to acquiring title by adverse possession. Because he is a tenant paying rent, by definition, is occupancy does not satisfy the requirements of adverse possession so you need not worry about that. But, since he is a tenant, if he won't leave volunarily you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. But since he's in default, you don't need to give the typical notice (15-30 days depending upon the state in which your property is located) to terminate the tenancy. Rather, if he does not leave voluntarily, you will then need to give a Notice to Quit...the number of days of such notice depends upon your state..meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if he poses any threat to your person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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 questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: Richard, Attorney replied 3 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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