Eviction of squatter/guest

cburrows84 · Mar 14, 2009, 08:59 PM

I do some renting here in Canada, but I am not sure if it would be exactly the same in the USA. A verbal ANYTHING is as good as it never even happened. I had to remove a tenant, and unfortunately for the landlord it isn't easy. The law favors the tenant(s). The only thing you can do is give him a written letter stating why the tenant is no longer welcome at the residence.. None payment of rent, not following posted rules.. Etc You need to give them I believe a minimum of 14 days to vacate. Although.... This is the bad part.. If the tenant gives you a written letter saying they object to your eviction notice.. Your eviction notice is then void.. Your next step is to get a hold of a official eviction form.. Have it signed down at a court house.. And serve him with that. Unfortunately if does go to court, the tenant can live there rent free until the court date.. Which could be months away.

Hope this helps a little. Something's may not be the same in America as they are here in Canada, but I hope this helps. Evicting a tenant can be a VERY frustrating experience for a landlord.
Best of luck

excon · Mar 15, 2009, 05:36 AM

Hello br:

If he gets mail there, he's a tenant, and he need to be evicted according to the law.

We HAVE a copy of it for your perusal at the top of the real estate page on a sticky note.

excon

JudyKayTee · Mar 15, 2009, 05:52 AM

The tenant (your Uncle) needs to be notified of the intent to evict as follows:

TYPES OF NOTICES
30, 60 or 90-day notice
A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30, 60 or 90-day notice on the tenant. Generally, a 30 or 60 day notice doesn't have to state the landlord's reason for ending the tenancy.

3-day Notices
A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:

Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose, such as selling illegal drugs.

This is then followed by serving formal eviction papers.

The verbal notice - as said - is meaningless.

Fr_Chuck · Mar 15, 2009, 06:51 AM

Yes, and the person who actually owns the home, Name is on the deed, has to be the one to give him notice, if you are also buying the home on some written contract, I would also have both of you give him official notice ( in writing)
Then if he does not move out, you file for eviction though the courts.

ScottGem · Mar 15, 2009, 06:51 AM

Quote:

Originally Posted by bricrys

I don't see how he can be considered a tenant when he pays nothing and does nothing. Help!

You are correct, he's not considered a tenant. However he IS considered a resident. There are some distinct differences between a resident and a tenant. But when it comes to removing them from the premises, there is none. So you have to follow the formal eviction process. Since no lease exists his residency is considered periodic or month to month. So a 30 day written notice is required. If he still refuses to vacate, you go to court for an eviction order.

bricrys · Mar 15, 2009, 09:12 PM

I am buying a house from my grandparents, and my uncle is a "resident" of the home, my grandfather gave him a verbal 30 days. He wants to evict him because he is moving slowly, and I am trying to help him because my grandfather is in a convelecent home and can not get around easily. But I am so clueless on how to do anything in this department. Could someone help on how to evict him? And would it be easier once the property is in our name or should we wait?

excon · Mar 16, 2009, 05:50 AM

Hello b:

You can't do anything because you're not the owner.

Your grandfather needs to evict the tenant according to your states landlord tenant law. We have copies of them right here at the top of the real estate page on a sticky note.

excon

ScottGem · Mar 16, 2009, 06:00 AM

First, I merged your two threads. Please do not start a new thread for follow-up, use the Answer This Question options.

As excon noted, until you are the owner, you can't do anything. Your grandfather can, however, give you a limited Power of Attorney to act for you in this manner.

The eviction process varies by location. So its best to check with your local housing court for the exact procedure. But generally, you give a 30 day written notice that you are terminating tenancy. If he has not vacated by then, you file for an eviction order in the local court. There will be a hearing where the order should be granted and a new deadline set to vacate. If he still refuses to leave, you hire a sheriff to physically remove him.

bricrys · Mar 17, 2009, 02:14 PM

California
What is the next step to evicting someone after their thrity day notice? I know we have to do something with the courts, and have the court order him out, does this process normally take a long time?

Eviction of squatter/guest

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