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    How do I legally evict a person who does not pay rent?

    Asked Jul 14, 2011, 09:24 PM 4 Answers
    How do I legally evict a person who does not pay rent from my home?

    Last edited by Assistant; Jul 19, 2011 at 06:23 PM.
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    LisaB4657's Avatar
    LisaB4657 Posts: 3,657, Reputation: 533
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    #2

    Jul 14, 2011, 09:59 PM


    If they have been living there long enough to establish residency (receiving mail, using your address as their own, etc.) then you have to treat them as a tenant even though they don't pay rent.

    The first step is to give them a written notice that their tenancy is terminated and they must move out with xx days. The number of days depends on the law in your state. However I believe that 30 days will be sufficient in all states. (California requires 60 days notice if they've been living there for more than a year.)

    If they haven't moved out by the date in the notice then you have to file a lawsuit for eviction and appear in court on the trial date. When the judge grants you a judgment for eviction then you have to make arrangements with the sheriff or constable to have the eviction performed.

    Under no circumstances are you allowed to change the locks yourself. That is an illegal eviction and you would be subject to damages.

    If you let us know your location we can look up the specific time for the termination notice.
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    issarmay's Avatar
    issarmay Posts: 1, Reputation: 1
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    #3

    May 18, 2012, 08:32 PM
    Can the notice be written in letter form?
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    LisaB4657's Avatar
    LisaB4657 Posts: 3,657, Reputation: 533
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    #4

    May 18, 2012, 08:51 PM


    Quote Originally Posted by issarmay View Post
    Can the notice be written in letter form?
    Yes. There is no specific required form. It just has to say the necessary information.
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    ScottGem's Avatar
    ScottGem Posts: 61,894, Reputation: 5755
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    #5

    May 19, 2012, 06:09 AM


    Quote Originally Posted by issarmay View Post
    Can the notice be written in letter form?
    To <insert name>

    This is to give you notice that I am terminating your residency at <insert address> as of <insert date>. Please vacate the premises by that date. If you do not vacate, I will be forced to go to court for an eviction order.
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