Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am trying to evict a family member from my house. I let…

Customer Question
I am trying to...

I am trying to evict a family member from my house. I let him move in 8 years ago with a verbal agreement and no money exchange. I have tried several times to get him to move out. I really need him to move and need to understand the process.

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

Oral agreement, no terms although we discuss 1 year at the beginning. we do not have an agreement and no money involved.

Lawyer's Assistant: Where is the property located?

Brighton

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did put a more formal agreement in place the first of May when i tried unsuccessfully to get him to move. at that time i told him he had to be out by November and that he had to pay me $100.00 a month with a list of the things he had to do around the house. he has not paid me for July and I need him to move sooner than November. I need to know if I can expedite this or have to wait now until November

Submitted: 6 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
7/31/2017
Real Estate Lawyer: Dwayne B., Attorney replied 6 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,387
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Dwayne B., Attorney replied 6 months ago

What state are you in?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
colorado
Real Estate Lawyer: Dwayne B., Attorney replied 6 months ago

Was the "formal agreement" a written agreement?

If so, does the written agreement allow him to stay there until November?

If the agreement was written does it state a specific date on which he must pay the $100 per month?

Ask Your Own Real Estate Law Question
Customer reply replied 6 months ago
the formal agreement was an email response to a blackmail letter from him. In the email i said he had a maximum of 6 months until November 1st to move, but hopefully he could move before then. I also said that he had to pay $100 each month (i did not state a specific date each month).
Real Estate Lawyer: Dwayne B., Attorney replied 6 months ago

There are going to be some issues forcing him out since there was no formal written agreement. The email doesn't count as a written agreement since both parties didn't have an opportunity to read it, make any changes, and then sign it. What this means is that you will be bound by the terms of it but the other side will not necessarily be bound.

There are two problems that I see immediately.

1) You stated an amount of rent but didn't give a due date and therefore they can never be overdue.

2) You told them they can stay until November so if you try to evict them before November the court may, and likely will, dismiss the eviction.

I'd suggest you take the email to a local attorney, have them review it and tell you what they think the local judge will do. If you file for an eviction and the other side hires an attorney and the eviction is denied they can make a counterclaim for their attorney's fees.

If you hadn't done the email you would be in better shape since at that point it was a month-to-month tenancy and you would had just had to give them the one month notice that you were not going to continue the lease next month.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Real Estate Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,387
34,387 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am being evicted because the landlord is selling the
I am being evicted because the landlord is selling the property. She had a clause in the rental contract that allowed her to give a 30 notice to alll tenants. She has to show proof of intent to purcha… read more
Andrew
Andrew
Attorney
Juris Doctorate
204 satisfied customers
My mom got an eviction notice and try to pay what is owed
My mom got an eviction notice and try to pay what is owed and they took half of it and when she try to pay the rest after j gave her the money they refuse payment and told her they are going on with t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I'm being evicted. There are no repairs taken care of since
I'm being evicted. There are no repairs taken care of since I moved in 7 mos. TSEI properties have there bookkeeping wrong. The property owner had my power shut down for 2 days. I live in Indiana and … read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
How to evict a criminal adult child, Our 41 yo daughter
How to evict a criminal adult child, Our 41 yo daughter lives a criminal lifestyle w gang affiliations. We suspect drug dealing is going on. Confrontations result in threats of violence and implicatin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My parents are getting evicted and the eviction notice. I
My parents are getting evicted and my name is ***** ***** eviction notice. I have not lived with my parents in over 4 years. Is there anything I can do to prevent this from damaging my reputation and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I paid over half of Janary rent and they started eviction on
I paid over half of Janary rent and they started eviction on jan 19th, i have all my reciepts and was paying to reminder.but … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I would like to know if a tenant can evict me if she is just
I would like to know if a tenant can evict me if she is just a tenant also not the landlord … read more
LegalGems
LegalGems
Juris Doctorate
11,002 satisfied customers
Can I be evicted if I am on the deed of the home. New York.
I believe so we were served with papers from the local town court … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a tenant that owes $5500 in back rent. Tried to evict
I have a tenant that owes $5500 in back rent. Tried to evict but I cashed a rent check after I gave five day notice. I do not live in Kingman, I live in Orange county California. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Tenet is in the process of eviction? he hasnt been in the
tenet is in the process of eviction? he hasnt been in the apartment for days but stop by to pick up stuff and leave. they apperntly have another place there staying.how long does a tenet must leave be… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
I.m living in a rental property involved in a eviction
Hi. I.m living in a rental property involved in a eviction process. in Florida. I'm not the tenant, only a third party. Do I have any defense or right in this process to stay in the property. The land… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,911 satisfied customers
How to stop eviction no notice.was told yesterday to be out
How to stop eviction no notice.was told yesterday to be out by noon today … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
We are currently in the process of evicting our tenants
We are currently in the process of evicting our tenants through court proceedings. We'd like to take pictures of the interior & exterior of the residence as we believe they will trash the place on pur… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,036 satisfied customers
Can an eviction be removed from credit report? Missouri.
can an eviction be removed from credit report? JA: What state is this in? And when did the issue begin? Customer: Missouri. 2012 JA: Has any paperwork been filed? Customer: Yes, and the monies owed wa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Regarding eviction, are commercial tenants handled
regarding eviction, are commercial tenants handled differently … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,661 satisfied customers
I have a question that is regarding an eviction notice for
Hi. I have a question that is regarding an eviction notice for non-payment of rent in Washoe County, Nevada … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
I have an eviction problem. Florida. I handed him eviction
I handed him eviction letter on Sat, Dec. 2nd after he informed me he called an spoke with a Deputy Hillman either on Friday, Dec 1st or Sat Dec 2nd. Having said that, He did surrender his key to the property prior to that on Thurs, Nov 30th … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
Can the holder of a contract for Deed in IL just evict the
can the holder of a contract for Deed in IL just evict the person because they say the house has been sold? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x