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Is evicting tenants without going through the court legal?
Hi. Me and my husband only four bedroom house we rent out the rooms to people. We have a couple that lives with us that is leaving on March 12th without a cold ordered eviction notice they do not pay rent, or help out with the chores around the house the room is a pigsty. They also have two small dogs that they allowed to poop in the house. We gave them 30 days to vacate the premises without going to court and they agreed to leave peacefully on the 12th of March. I tried to help them find another place but they turned down every option I gave them. Yesterday they went to get boxes to pack up he claims that they're going to be living out of their car they both work plus his girlfriend gets social security I don't see how they can get a place of their own they claim they have bills and bills that need to be paid for everything including their car insurance. We've been told that what we're doing is illegal is that true? We live in Pennsylvania by the way.
Thanks for your help
There is no lease between us and I apologize about my misspelling and grammar
They used to pay rent then they stopped months and months past and they still wouldn't pay so we told them they had to leave with the dogs. At first we didn't think it would be a problem with the dogs but they're pooping everywhere and they're irresponsible and don't want to clean it up
- Ron AkiaLv 71 month ago
If you ask them to leave, and they leave, you've violated no law unless you physically throw them out. If they stay after being asked to leave, you'd need to follow a normal eviction process which would involve obtaining a court ordered eviction.
- 1 month ago
5,14 and 30 day is what you got as an owner. in Wisconsin 30.
24 - 72 hours to enter the the property, then you can take pictures (again, in Wisconsin 24 hour notice)
You NEED pictures, cause they will want the deposit back, hahaha.
If You have no signed lease, they can be kicked out tomorrow, but you will have to tell the cops why when they make a scene.
God, stop caring for people, they only care about themselves?
- Common SenseLv 71 month ago
They agreed to leave peacefully. If that does not happen, THEN go through the court system.
You can legally ask someone to leave, whether they agree or follow through is another story. That's what the court system is for.
Lock those dogs to chit in the tenant's bedroom, not in other areas of your house. I would NEVER put up with my house to be used as an animal toilet! That is pathetic and abusive to not let animals out to relieve themseIves.
- garryLv 61 month ago
no , you need a court order to kick out someone squatting there .
- JudyLv 71 month ago
You can give them notice to vacate, but if they don't go willingly, you can't change the locks or remove them by force, you'd need a court order of eviction.
- Anonymous1 month ago
The fact that you don't have a lease is irrelevant. They had established residency there and have rights to that effect. Evicting them may be illegal, especially if your City/State was under an eviction moratorium. In that case by not going through the courts you may be held criminally liable.
The issue is that you gave them the notice to vacate and they agreed. That may override any laws or regulations, unless they come back at a later time and where were unaware of their rights.
Sounds like it's time for an attorney..
- sunshine_melLv 71 month ago
You're not evicting these tenants; you've given them notice to leave, and terminated their lease.
- Christin KLv 71 month ago
I have a couple questions: WHY did you allow them to have the dogs? And why didn't you make them get rid of the dogs when they FIRST began to poop in your house? I would never have permitted pets if I was renting a room to someone in my house. And why don't they pay rent? First you call them tenants, then you say they don't pay rent or "help around the house."
I'm not buying your statement here--because what you say makes no sense. If these people are TENANTS--they pay you for the privilege of living in your house--and YOU make the rules, they don't. You don't have to have a written lease for them to be tenants, not relatives or houseguests, but you don't mention one. Nor would I expect tenants to do chores! It sounds to me like this is someone related to you--and that you just don't like their habits or their pets. Otherwise why would you also try to help them find another place? Landlords don't do that either.
So before you can get an answer about legality, you have to be clear about who these people really are--houseguests or actual tenants. You can kick a guest out any time. You can't kick out a tenant, lease or no lease. It IS illegal to evict without proper procedure, which includes giving the tenant notice. Technically, they could stay in your house as squatters until you DO get the proper paperwork done. IF they are your actual TENANTS. That is, if you have an agreement for a certain amount of rent every month, written OR unwritten, and they have agreed to that.
I don't think they're tenants. I think they are your relatives of some sort. That's why you expect them to do chores, and why you are 'helping' them find another place. AND probably why you agreed to letting them have two dogs. In which case, go ahead and ask them to leave if you want. I doubt they'll have the resources to do anything except gripe about it.
- curtisports2Lv 72 months ago
You are not doing anything illegal. You gave them the required month's notice - they must vacate by the end of March. They do not legally have to vacate before that, but if they choose to leave before that, it doesn't make you a lawbreaker.
- JesusLv 52 months ago
The trick to renting your property is when you rent your property out you sign a waiver before you even let those people in the door that in case an eviction becomes necessary due to non-payment of rent that the tenant must leave within 24 hours of being served or be held as a trespasser