How do I evict a tenant from my home?
I let a friend come stay with me about 5 months ago. I asked him pay 300.00 a month, so I understand that he is now technically a tenant, and that I must go through the proper channels to evict him. I have asked him to leave personally and he refuses, so that option has already been tried. Can anyone give me a rundown of this process...where to go, what to do, how to go about it?
- momLv 79 months ago
give him a written notice that you give him 30 days to leave or you will take him too court. also speak with a lawyer to make sure
- Elaine MLv 79 months ago
You give him a deadline one or two months in advance, then you have the sheriff's department come over to evict him and put his things out on the curb and CHANGE THE LOCKS.
- 9 months ago
Call an attorney!
- Casey YLv 79 months ago
You give him a 30 day notice of your intent to non-renew his month to month lease. Do it in writing. Post it on his door when you will be home and take a video of him seeing the document on his door. You could technically mail a certified letter...but he will never pick it up.
Then, once he overstays the expiration of his lease, you file for eviction.
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- curtisports2Lv 79 months ago
You don't 'ask'.
You give written notice with the advance notice required by your state. If it's 30 days, you write:
May 22, 2019
This is to inform you that I am terminating the rental agreement for (address), effective June 30, 2019. You are to vacate the property in good condition and have all of your possessions removed by no later than midnight on June 30, 2019. Failure to vacate will result in you being an illegal holdover and eviction will commence immediately. June rent is due on (the due date).'
If June rent isn't paid on the due date, you be ready with the 3-day Pay or Quit notice to give him, and if the 3 days passes with him either not paying or not moving out, you can start the eviction process then.
Research the landlord/tenant laws for your state. Call your local civil court clerk's office for guidance on what forms you need, where to file them, how to have them legally served (you can serve the 3-day yourself but you may need to hire a process server for the notice of eviction), and whatever other procedures are involved.
There will be fees. You can ask for the fees to be added to unpaid rent and damages you can prove.
- 9 months ago
You give written notice to vacate in accordance with state law (usually 30 days). Then if they do not leave, you go to court to evict.
- SlumlordLv 79 months ago
It varies state to state but here is an approximation.
Eviction for nonpyament of rent
-Maybe give him notice to pay the rent owed or leave. (not required in some states, aboput 3 days notice if required)
-Go to courthouse and file an eviction for non-pyament or rent.
-Go to court and tell the judge how much if he owes, get eviction.
-Go back to courthouse in a week or less (after judgement has been filed) and file for removal.
-Sheriff calls you, give you date for eviction.
-On eviction date remove all tenants stuff and place it on the curb, have workers there to help if its alot of stuff.
Eviction just to get rid of the guy
-Give tenant proper notice to leave, probably about 30 days notice
-After notice expires, more or less steps 2 on of first process - form names may differ
Note that the eviction for non-payment of rent can be started immediately or really soon, no need to wait 30 days (maybe wait 3 maybe 0) to start it but you will have to terminate this eviction if the tenant pays you the rent they owed plus late fees at any point.
- NeverLv 79 months ago
One method that many companies use for foreclosures is offering a cash bonus for people to get the heck out. (rather than wait for the eviction process)
If you go that route, get something in writing saying they are leaving and will not come back.
What about changing the locks and putting their stuff out?
- Anonymous9 months ago
If he has no mail delivered to the address, you can call the cops for trespassing.
Unless you have a lease agreement, you would have to go through the courts to evict him.
Do you have a lease agreement?
Obtw I am in real estate and own 5 rentals. Each state have laws. But if no agreement is in writing he would be trespassing, if you asked him to leave.
- Anonymous9 months ago
No, no one can tell you the eviction process because you didn't bother to tell us where you are located.
If you are in the USA, most cities/states have their landlord-tenants laws very clearly explained on their website.
Read them carefully because if you don't do things in the right order with the right timing and documentation, the judge will not side in your favor.