Real Estate Law
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I gave my 2nd roommates a written 30 days move out notice on Sept. 15, 2016, asking him to move out on Oct.30, 2016. However the 2nd roommates refused to move out on Oct.15, 2016, but insist to move out on Oct. 31.
These dates are very confusing... you gave the 2nd roommate a 30 day notice on Sept 15 to move out Oct 30.... This is a 45 day notice..
And you say he won't move out Oct 15....but you gave him until Oct 30 to move according to your comments..
What is your legal question I can help with?
Ok, I thought that might be a typo...
Unfortunately if the roommate won't move out within that 30 day period, you will have to file a formal eviction action through the courts in order to get a judgment and a writ that the sheriff will execute to physically put the person out of the home.
You can't just throw them out along with their property or that is an illegal eviction and they could sue you and they would win.
You can file an eviction case on 10/16 if you wanted to put the pressure on them to move out, but it takes about 3-4 weeks from start to finish before you could have the sheriff force them out.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...