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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old Dec 20th, 2007, 09:41 AM     #1
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Confused Question

I own a home and i have allowed someone to move in with the intent of helping them until they got situated. Things have transpired and I want them gone. They have no stakes in the place as it stands. I own the home totally, this person does not have their name on any of the utilities or other bills. Can I just put this person out?
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Old Dec 20th, 2007, 12:22 PM     #2
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Default Re: Question

Sorry, but if this person has been there more than a couple weeks, they have acquired a right to be at the property. To force this person out, you need to give them a written notice requiring them to move out of the premises within 30 days (usually). Keep a copy for yourself. If they fail to move out, you will have to evict them through the court system. I wish there was an easier way.

Some states don't recognize a person as having residency rights if they have not paid rent at the unit. You might check your state law to see if your state is one of the few that consider this person just a guest who has overstayed their welcome. If so, you could just tell them to leave, and move them out yourself if they don't. (But very few states rule this way. Most consider that anyone who has lived at the unit for a period of time to have declared residency there and they acquire rights in this manner.)

Your best course of action is to deliver the notice. Some states do have shorter notice periods (shorter than 30 days). Please post your state and I can give you the required notice period or tell you where to find it. Good luck.
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