What is the typical eviction process like?

[dullard]

I realize that this will vary from state to state, and I will be doing a Google search for local laws. But, I would like it if someone would please describe the typical eviction process. Or give any pointers to make the whole thing go smoothly.

Background:
My fiancée's older sister had an abusive husband. She left him last summer and moved in with my fiancée. The older sister simultaneously lost her job/hobby (owned a small business with her husband). So, she is in depression. However, 7 months later, she won't get a job, she won't contribute any way positively, and she doesn't make it pleasant for anyone. In fact, she is purposely picking as many fights as possible to bring other people down, rather than working to bring herself up.

The sister didn't sign a lease agreement with my fiancée, she just moved in. She hasn't paid a cent in rent or utilities. My fiancée has paid nearly every dollar for her sister's food.

I am staying out of it for the most part (other than coming here to ask for advice). But my fiancée and her family may decide to give an ultimatum: get counseling or get out. It is hard to evict someone, especially family, in times of need. But, the sister is now threatening violence on people and drastic measures need to be taken.

So, what steps should they take if they must evict her? I assume there are local laws for this: time period for notices, etc. But, can you give any advice?

Hopefully, she'll take the counseling route and no eviction will occur.

 

[purbeast0]

i don't know for sure but i know from watching Cops that she can't just kick her out.

i'd probably call the non-emergency police and ask them about it.

 

[sswingle]

Written 30 days notice should work.

 

[Gibson486]

Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

 

[waggy]

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

 

[vi edit]

If she hasn't paid a cent in rent/compensation then I don't think she qualifies as a "tenant". Normal laws no longer apply.

 

[Gibson486]

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

 

[purbeast0]

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

according to COPS (the show) from more than 1 episode i've seen, even if the person is not on the lease you can't simply kick them out that day. as waggy is saying you need to give them some type of notice, which I believe is 30 days.

but yah could vary from state to state.

 

[waggy]

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

hmm odd.

from here

it says: A Tenant-at-Will is one who occupies a rented premises without a lease
but pays rent periodically (typically monthly). The agreement for the
Tenancy-at-Will may be either written or verbal. Either the landlord or
tenant may terminate this arrangement by giving written notice 30 days or
one full rental period in advance, whichever is longer. No reason is
required to terminate. If rent is paid the first of each month, notice
should be given prior to the first day of the month. However, either the
landlord or the tenant may be able to give notice as late as the first
day of the month itself. For extra protection send the notice both by
certified mail, return receipt-requested, and by regular mail.



so they are on a month to month basis without a signed lease. As stated you n eed to give them 30 day to move. IF they don't move out then they have to go to court (they do not need to move out while in court precidings).

 

[waggy]

Originally posted by: purbeast0

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

according to COPS (the show) from more than 1 episode i've seen, even if the person is not on the lease you can't simply kick them out that day. as waggy is saying you need to give them some type of notice, which I believe is 30 days.

but yah could vary from state to state.

even if not on a least it still makes it hard. SUCH as if they can prove they are living there (mail, utilities etc). but again it depends on local laws and such.

eviction is not as easy as people think.

 

[vi edit]

My quick google skills keep coming back with the key being "rent paid". If there never was any compensation being paid by the sister, then she's not a tenant. She's a freeloader and not protected by the renting laws.

 

[Gibson486]

Originally posted by: waggy

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

hmm odd.

from here

it says: A Tenant-at-Will is one who occupies a rented premises without a lease
but pays rent periodically (typically monthly). The agreement for the
Tenancy-at-Will may be either written or verbal. Either the landlord or
tenant may terminate this arrangement by giving written notice 30 days or
one full rental period in advance, whichever is longer. No reason is
required to terminate. If rent is paid the first of each month, notice
should be given prior to the first day of the month. However, either the
landlord or the tenant may be able to give notice as late as the first
day of the month itself. For extra protection send the notice both by
certified mail, return receipt-requested, and by regular mail.



so they are on a month to month basis without a signed lease. As stated you n eed to give them 30 day to move. IF they don't move out then they have to go to court (they do not need to move out while in court precidings).

hmmm....I need to tell my mom to get a new laywer. She used to rent out places month to month and the laywer told he she had to have a lease. I hate bulsh!tting laywers!

 

[sdifox]

Originally posted by: purbeast0

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

according to COPS (the show) from more than 1 episode i've seen, even if the person is not on the lease you can't simply kick them out that day. as waggy is saying you need to give them some type of notice, which I believe is 30 days.

but yah could vary from state to state.

How would the tenants prove they are entitled to live there without a lease?

 

[Gibson486]

Originally posted by: waggy

Originally posted by: purbeast0

Originally posted by: Gibson486

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

no, you still have to sign a lease stating it is rent on a month to month basis. This is how it works in MA and NH.

according to COPS (the show) from more than 1 episode i've seen, even if the person is not on the lease you can't simply kick them out that day. as waggy is saying you need to give them some type of notice, which I believe is 30 days.

but yah could vary from state to state.

even if not on a least it still makes it hard. SUCH as if they can prove they are living there (mail, utilities etc). but again it depends on local laws and such.

eviction is not as easy as people think.

lots of times it is not even worth it either. Especially if the tenant is unwilling. Eviction is not free.

 

[Modelworks]

If its her residence you have to go to the courts to get her out.
It doesn't matter if she pays rent or not or if she has a lease or just a verbal agreement.

I learned this when there was someone staying with us , my cousin.
He was often drunk and causing problems.
Under the law though that was his place of residence and all we could do was go to the county courthouse. Get eviction papers and file it.

Then he had 30 days to move out.


The law in most states is if they get their mail there, and sleep there, then its their residence.

So be careful who you ask to come stay with you.

 

[MixMasterTang]

If you agree to let someone stay at your house even one night, it typically takes 30 days written notice to legally kick them out (even if they never paid rent).

 

[PokerGuy]

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

No, if someone is not paying any rent and there is no arrangement made (verbal or written) that makes them a tennant, then there is probably no need for any procedures, you tell them to get their stuff and get out of your place. End of story. Of course, certain crazy states like Cali might have some nutty rules.

 

[waggy]

Originally posted by: sdifox
How would the tenants prove they are entitled to live there without a lease?

thats what courts are for.

no lease is usually a month to month (or at will). they can move anytime they want or the landlord can kick them out anytime (with 30 day notice).

the tenants can prove they live there by having proof they live there. such as bills, utilities etc. Cops wont force someone out in this situation they will tell th elandlord to go court. wich will take a long time.

 

[jonks]

The sister is not, and never was, a tenant, she is a guest. She doesn't need to be evicted. She can be removed at any time once the permission of the host is removed. The sister has no argument for being a tenant. She never paid rent, there was no agreement to substitute work for rent, she was staying at the tolerance of her sister. Call the cops and tell them you have a trespasser. Done.

Now in reality, unless you never want to ever speak to her again, come up with a better way to handle the situation.

Originally posted by: MixMasterTang
If you agree to let someone stay at your house even one night, it typically takes 30 days written notice to legally kick them out (even if they never paid rent).

This fails the common sense test. Your neighbor gets locked out, you let them crash on your couch overnight. In the morning they won't leave...30 days notice? no. They were a guest, not a tenant. Removal at will of the host.

The situation you may be referring to is if someone arranges a tenant relationship with the landlord, and moves in and on day 1 the landlord immediately has second thoughts, then 30 days is required.

 

[PokerGuy]

Originally posted by: MixMasterTang
If you agree to let someone stay at your house even one night, it typically takes 30 days written notice to legally kick them out (even if they never paid rent).

No, if you allow someone to make your property their residence, then you have to go through procedures to kick them out. What makes something a 'residence' is different by state, but for the most part there has to be some form of agreement, some consideration (payment). Often things like mailing address, utilities in their name on that address etc can be used by the person being evicted to try and demonstrate residency, but simply having someone over at your place for an evening does not make them a resident, and you don't have to go through procedures to get them off your property.

 

[waggy]

Originally posted by: PokerGuy

Originally posted by: waggy

Originally posted by: Gibson486
Well, she didn't sign a lease, so there really is no legal grounds. In other words, just kick her out (you cannot evict a person who is not a tenant).

Keep family matters and legal matters seperate.

wrong. (but does depend on state)

if you do not have a lease they are on a "month to month". so you can give them a 30 day notice. BUT if they do not move you still CAN'T change the locks and throw them out.

now you have to go to court and evict them. Eventually a judge will give them a date to be out. on that date you can have cops there and remove all the stuff and change locks.

No, if someone is not paying any rent and there is no arrangement made (verbal or written) that makes them a tennant, then there is probably no need for any procedures, you tell them to get their stuff and get out of your place. End of story. Of course, certain crazy states like Cali might have some nutty rules.

not going to happen. if a person can prove they are living in a place the cops will NOT kick them out (unless they assault someone but thats a diffrent story). no mnatter if they are NOT on th lease or paying (cops don't give a shit. they will sya take it to court).

if it was as you say it would be abused to hell. if you can prove you live there (easy to do. such as stuff there or bills etc) you are not getting removed without a court order.

 

[waggy]

Originally posted by: MixMasterTang
If you agree to let someone stay at your house even one night, it typically takes 30 days written notice to legally kick them out (even if they never paid rent).

bullshit and a lie.


you can let someone stay a few nights and it won't matter. as pokerguy said its residency that matters. if a person has Mail comeing to the house, bills, etc then that changes everything.

a person cant stay the night and say you need a eviction to get me out.

 

[Modelworks]

Most states use mailing address to determine residency rights.
I have seen it often where even parents have to go through legal means to get out an adult child who has moved back in.

The form is called a Notice to Quit.

 

[dullard]

Originally posted by: Modelworks
The form is called a Notice to Quit.

Thanks, it looks like there are plenty of downloadable Notice to Quit forms for Nebraska.

Yes, the sister does have mail coming to that address.

I really hope it doesn't come to legal actions. However, it is nice to see what needs to be done if it comes to that point.

 

[Vette73]

As kinda brought up. If she never paid and does not have any mail/service at the house then just tell her she needs to get her stuff and leave now.

If she has paid and/or have mail/service at the place then tell her to leave first in hopes she will just leave on her own. If she says no then call cops and tell them she is not welcome. Unless she knows the laws she will probable be told to leave by the cops. If that does not work then give her a written notice and also send a copy of said notice through Reg. mail. Also attach a bill for past due and current rent and bills.