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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2601
Experience:  Knowledgable and Experienced Attorney
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I have a home in my name only that I acquired prior to the

Customer Question

I have a home in my name only that I acquired prior to the marriage of my husband. I was using that home as a rental. Unbeknownst to me my husband rented this piece of property to an attorney with no rental agreement.
The man has been living there for some time and has paid no rent. I want him out and I am going over there tonight to demand a walk through and discuss the situation. I just wanted to know what my rights are if any. Thank you.
Kathleen McGarrity
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.
Hello, and welcome. I am a licensed attorney and happy to assist. This is a good question. I'm glad you asked before going head-to-head with the unwelcome tenant. In this particular case, you hold all the cards. You have the right to evict the tenant who is not paying rent, even though there was no written agreement and even though the agreement was with your husband, not with you. To evictfor nonpayment of rent, you would give the tenant and official 30 day notice to pay rent or quit. If the full rent is not paid within that 30 day timeframe, you could bring an unlawful detainer action in state court. And unlawful detainer action is a summary proceeding that goes very quickly, so you can reclaim the property with minimal time and effort. I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue to assist. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on the site are credited for the help we provide. Good luck! Best, ***** *****
Expert:  Attorney 1 replied 1 year ago.
If there's anything else I can do for you, just let me know. I'm here to help. Best,Attorney 1