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A dweller in the apartment house has stopped profitable rent. Jun 2 will be the fourth month of non payment. There is no created franchise as well as no deposition was paid. Renter was an worker of the LL as well as right away has not reported to work for the week. How can you exude this tenet?
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Related solution post:
By law, he is entitled to a 30 day notice to vacate regardless if there is a lease or not.
He can legally sue you for an illegal eviction if you give him less than 30 days.
Screwed up law isn’t it?
You give him a notice of eviction ( you have tp physically touch him with it you cannot leave it for him to find ) which gives him 30 days to find a new place, after that if he is stil lthere call the cops and have him booted
There is a long drawn out process that is different in every state. I suggest you hire a lawyer. If you want to try to do it yourself, google "summary process" "eviction" and the name of your state.
OK first, as usual in this section, need to correct the bad answers…
Delivery of notice depends on state. Some require in person, most DO NOT. You CAN usually tape it to the door without seeing the person. Even the ones that DO, they will not preclude an eviction on it if the grounds for the eviction are sound..the tenant will just get a little more time.
You MUST MUST MUST go through the court to get an eviction. The first answer suggests you post a notice, wait 30 days, then call the cops. This will set you back, as the cops will ask to see a court order…which you will not have. Also, the "cops" is the sheriff, not city cops.
Eviction procedure differs from state to state. Do not do anything without looking up YOUR state’s laws.
He is NOT entitled to a 30 day notice at this point. A 30 day notice to terminate a month to month lease is required when the landlord wants to end the lease, yet there has been no breach of the contract. In this case, there is a breach of contract.
You and some others may be thinking ‘But, I didn’t HAVE a contract…?’
Au contraire, my friend. Even if you never even verbally agreed to anything, you have an implied contract and the law will look to the statute to decide what the terms are.
In NO state can a tenant legally occupy a rental unit without compensating the landlord.
So, you need to proceed with a legal eviction. You can do this one of two ways…the best way is to talk to a lawyer who can walk you through the process. It can get messy, so an attorney can certainly help.
The other option is to go it alone. Research the eviction process in your state, and follow it to the letter. You will need to post a notice first, usually a 3-day notice of eviction. After that, you will file with the court to gain possession of the apartment, which they will grant.
They will give the tenant a few days to move, after which the sheriff will remove them if they are still there.
The process takes anywhere from a month to two months depending on where you live, and it can get rather expensive. I would start this process TODAY if I were you.
Next time don’t let it go so long, one month is enough to file on. Go to the local court house and let them know you need to fill out the forms to have a tenant evicted. A court date will be set. Pay the $25 or whatever for the local sheriff to serve the tenant with the intent to evict notice, they will post it on the front door, no one has to give it directly to the tenant. The court date will come, if they pay the full amount case closed. If they do not the judge will give them 5 days (in most states) to be out. In my state it only takes about 15 days from start to finish. Be accompanied by the sheriff when you remove the belongings if necessary.
If there are damages, since you have no security deposit, you will have to recoup these monies through small claims court.
Same way you do everyone else…you give them a written notice and if they are not out you take them to court.
If you have not SEEN the tenant in a week, then call the police department to do a well-check.
Understand that just because you don’t have a lease, doesn’t mean that you can’t evict…you have the same rights..you could have evicted the tenant as soon as they were 30 days past due.
WHY in hell did you let it go 4 freaking months??? Evicting a tenant is NOT that hard! It is even easier when they do not have a lease. There is no reason to let someone get that far behind.
All you have to do is serve a 3 day pay or quite. When he does not pay all owed rent or move out then file the eviction with the court on the 4th day. You will win hands down.
Make sure you follow up with collections and a garnishment if you need to.
EDIT: To many people answer in this section when they do not know the laws!!!!
30 days notice is NOT required when the rent is not paid! You do NOT have to hand deliver the notice. Posting it on the door and mailing one is perfectly legal. You CANNOT go straight to court! You MUST serve some kind of notice FIRST!