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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37854
Experience:  16 years real estate, Realtor. Landlord 26 years
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A friend needed a place to stay . 3 weeks. Moms place

Customer Question

A friend needed a place to stay for approx. 3 weeks. Moms place was available. in May advised them we needed place by 7-15. On 7-13 they said would move on 7-31, now today they say 8-21 and do not call or text or contact they know their rights and courts will let them stay as long as they want??? they pay no rent or utilities. we have no written agreement. I want to turn off utilities but some websites say I can not??? help please
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Unfortunately, your efforts to help your friend have resulted in them gaining the rights of a month to month tenant under an oral tenancy. With that said, you can't turn off utilities or lock them out or that is an illegal eviction and they could actually sue you for damages..You have to give the person a 30 day written notice to terminate their tenancy and then you can pursue a formal eviction action in court to get a judgment and writ to have the sheriff physically force them out and return you to legal possession..After the 30 day notice expires, if they haven't moved, you would file a complaint for forcible entry and detainer. The court would then schedule a hearing and would then award you a judgment. Then you can move for a writ of restitution 5 days later and have the sheriff physically remove the tenant..I am sorry that the news isn't better....thanksBarrister
Customer: replied 2 years ago.
Can I give them notice that I am going to turn off utilities in a certain amount of time? Can I start charging rent? Thank you for your response.
Expert:  Barrister replied 2 years ago.
Potentially, with proper notice. If the utilities were on when they moved in, you legally have to continue the service as long as they are there. .However, you could start charging rent, or discontinue utility services, but would have to give a written 30 day notice to make any changes in the tenancy prior to doing so...thanksBarrister