What is the typical eviction process like?

[sdifox]

Originally posted by: 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.

But in this particular case, there is no commercial transaction at all.

 

[T9D]

You can evict them with a 72 hour notice if they are late on rent and are not paying it. But if they are not paying rent to start it's probably the 30 days notice.

 

[waggy]

Originally posted by: Marlin1975
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.

i agree.

tell her to get out. Call the cops. explain the situation and the cops will ask her to get out (odds are they will nto tell her to). BUT if she says no adn knows hte law then they need to go the courts.

As the OP already said she is getting mail delivered so its going ot be a pain.

Originally posted by: sdifox
But in this particular case, there is no commercial transaction at all.

with her getting mail at the house the cops are not in a position to say there is no commercial transaction. thats for the courts to decide.

BUT i do agree with Marlin. odds are if the cops come and ask her to leave she will leave.



about the only way to get a person out is to get a protection order against them.

Originally posted by: v1001
You can evict them with a 72 hour notice if they are late on rent and are not paying it. But if they are not paying rent to start it's probably the 30 days notice.

again not really true. most areas have a 5 day grace period befoer you can start eviction. after that you can put a 3,7 or 14 (depends on local laws) notice to quit (this is not something they have move out by though)

 

[compman25]

Or get a TRO (Temporary Restraining Order) and call the police and have them remove her.

 

[T9D]

Originally posted by: waggy

Originally posted by: v1001
You can evict them with a 72 hour notice if they are late on rent and are not paying it. But if they are not paying rent to start it's probably the 30 days notice.

again not really true. most areas have a 5 day grace period befoer you can start eviction. after that you can put a 3,7 or 14 (depends on local laws) notice to quit (this is not something they have move out by though)

That is true. That's just what I said. If they are late . That 5 day grace period would be considered "late" by then. I just didn't specify the exact period as it didn't pertain to him anyway and may be different from state to state. But something good to know in general. You also have to go to court and have them removed if they refuse. Which is more time. But it gets the ball rolling faster. I just didn't need to give every last detail in the case of the 72 hour notice situation. I know how it works because I'm a landlord and have evicted tenants on a 72 hour notice before. Then had to go to court and then they were out. Anything else is 30 days. Never evicted a non renter before but everything says 30 days notice from what I've found and is typical in about any situation.

 

[Beattie]

Wow, there's so much bad info in this thread.

Talk to a lawyer now. You are most likely going to need to go through some eviction process if they wont leave willingly and that can take months.

 

[Born2bwire]

Originally posted by: 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!

Her lawyer is probably trying to protect your mom's ass by having her have a lease. There's more to having that lease than just grounds for eviction, there are liabilities and responsibilities that are laid out and agreed upon. Besides, it's not like you have to pay the lawyer to write up a lease for each tenant.

 

[silverpig]

Tell her you're going for a ride, take her out into the country in your car and drop her off.

 

[MixMasterTang]

I think many of you need to better educate yourself on these laws:

"As soon as he moves into your house, that's his primary residence," said Pinellas sheriff's Detective Tim Goodman. "Is he getting mail? Is he helping pay the bills? Is his car registered at your house? He has no place else to go? If any of those is the case, that's his primary residence and if that's his primary residence, you have to go through a civil process

Article

 

[AgaBoogaBoo]

I didn't read all the posts, but from the legal side of things, there is no valid contract! She isn't paying in any form and so she isn't under a "month to month" rent. The OP's fiancee is doing her sister a favor.

Just so things are clear, I would write a letter, keep photocopies, and document when it was given. Give her 30 days to get out, and if she doesn't, then call the cops.

 

[NL5]

Originally posted by: MixMasterTang
I think many of you need to better educate yourself on these laws:

"As soon as he moves into your house, that's his primary residence," said Pinellas sheriff's Detective Tim Goodman. "Is he getting mail? Is he helping pay the bills? Is his car registered at your house? He has no place else to go? If any of those is the case, that's his primary residence and if that's his primary residence, you have to go through a civil process

Article

Yep, there is no shortage of ignorance in this thread.

 

[FDF12389]

In WI we have to go through the court system, lease or no lease. I dont know about your state but a general rule of thumb: If they collect mail at one of your properties, then you're in for the long haul(30-60 days).

 

[Ns1]

So basically, the bottom line is you can't trust a bunch of guys on the internet pretending to be lawyers, and you should probably find one yourself

 

[FDF12389]

Originally posted by: Ns1
So basically, the bottom line is you can't trust a bunch of guys on the internet pretending to be lawyers, and you should probably find one yourself

I think its a fairly reasonable that he could go through the process himself without a lawyer, but it is a lot of hassle, a lawyer would be simple.

 

[KMFJD]

What would happen if you got up and sold your house, what happens to the freeloader then? Is he the new homeowners problem, or does he get to stay at your new residence?

 

[jonks]

Just post on craigslist that you have a room with stuff you don't need in it but don't want the hassle of a yard sale and it's first come first serve.

 

[waggy]

Originally posted by: KMFJD
What would happen if you got up and sold your house, what happens to the freeloader then? Is he the new homeowners problem, or does he get to stay at your new residence?

we were looking into buying property for rent (wich is why i do know some on this. at the time rent was shooting up figured i would make akilling).

my lawyer told me if they have a lease then they can stay outthe term of the lease. if they don't have one they are mont-to-month and i need ot give tthem 30 days.

Originally posted by: FDF12389
In WI we have to go through the court system, lease or no lease. I dont know about your state but a general rule of thumb: If they collect mail at one of your properties, then you're in for the long haul(30-60 days).

or it could take months. my inlaws were renting out a house they owned. they rented to a bunch of college kids (big mistake). they didnt pay rent after the 3rd month.

after giving them a 7 day notice to quit it took 6 months to finally get them out. it went to court wich they won then the kids appealed wich the kids lost and finally they were escorted out by the cops. BUT it took months.

they destroyed the house. wich they sued the kids for and won. but they had no money.

in the backyard there was about 30 empty kegs (wich i took back and got the deposit on WOOT).

 

[sutahz]

Why couldn't they just kick her out? She has no legal right to be there. Her name isn't on the lease.

 

[NL5]

Originally posted by: sutahz
Why couldn't they just kick her out? She has no legal right to be there. Her name isn't on the lease.

You fail at the law. She does have a legal right to stay there, and if she won't leave voluntarily, she must be evicted. Eviction is a legal process, and may take months.

 

[waggy]

Originally posted by: sutahz
Why couldn't they just kick her out? She has no legal right to be there. Her name isn't on the lease.

hey way to read the thread, champ!

 

[Bryophyte]

Originally posted by: 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.

I've bolded the part that gives her some power. Threats mean you get a restraining order taken out, then the sister has to move out in order to stay away from your fiancee.

 

[Phoenix86]

Originally posted by: Bryophyte
I've bolded the part that gives her some power. Threats mean you get a restraining order taken out, then the sister has to move out in order to stay away from your fiancee.

Bingo, it can also accelerates the eviction process (varies by state/city) from the normal 30 days.

 

[foghorn67]

Originally posted by: compman25
Or get a TRO (Temporary Restraining Order) and call the police and have them remove her.

Depending on the state, that cost a ton of money (unless it's domestic voilence). I wanted to file 3 TRO's, but it would have sent me back about 900-1200 bucks.

 

[Tobolo]

No big deal. If she didn't sign a lease and is not paying then kick her out.

You can't evict someone that doesn't have any legal claim for living there.

 

[bignateyk]

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).

What makes you think the rent period is 30 days? She pays no rent. The rent period might as well be 5 minutes. i.e. kick her ass to the curb.

All those laws apply to people who pay rent. You're saying if I took in a homeless guy for a night, i'd be legally obligated to give him 30 days notice to get out of my house?