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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28041
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I allowed a couple to stay with me using an upstairs

Customer Question

I allowed a couple to stay with me using an upstairs bedroom. They do not pay rent, but do pay for food and use of a TV. When caught sneaking liquor into the house several times, I told them they have to leave. Do I have to evict them?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Was there a rule in place that they could not do this?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I had put it in writing along with the amount needed per month for groceries and use of the TV/internet.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. I am sorry to say but you do need to go through the eviction process. However, if you do have an agreement in writing you first need to give them a notice to cure. In this case, not bring alcohol and to pay the agreed upon amount for groceries. If they fail to do so, they can then proceed and evict them through the court. You can not use self help to get them out and lock them out and if the police are called, this will be viewed as a civil issue, not criminal, so they will not be able to get involved.

Customer: replied 1 year ago.
Can I start charging rent?
Expert:  RealEstateAnswer replied 1 year ago.

Yes, but you would need to give them notice

Customer: replied 1 year ago.
How much notice?
Customer: replied 1 year ago.
Further, they claimed to a third party what they paid for food was actually "rent". With that claim, can I hold them responsible for unpaid rent based upon their own statements?
Expert:  RealEstateAnswer replied 1 year ago.

You would want to give them at least a 30 day notice, if you are going to change the terms and conditions of them living there and now want to charge rent.

Expert:  RealEstateAnswer replied 1 year ago.

You can go after them for any money which was agreed to which they did not pay and that they owe.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if there is anything else I can answer or clarify?

Customer: replied 1 year ago.
They left voluntarily, but did not take all of their belongings. Do I have to store them for awhile?
Expert:  RealEstateAnswer replied 1 year ago.

Great to hear back from you. I am happy to answer your follow up question but just kindly ask that you rate my help at the top at this time, so the site will give me credit for my answer. Thank you for understanding.