There is a person who is living in my apartment with an expired lease, has paid rent and does not have my permission to stay. Can I change the locks to take back my property?
|
There is a person who is living in my apartment with an expired lease, has paid rent and does not have my permission to stay. Can I change the locks to take back my property?
You'd have to go through the formal eviction process, which in most jurisdictions takes 30 days. Just out of curiosity, if this "tenant" is paying rent and is current, then why would you want to evict him/her? The title of your thread is "squatter" eviction. Generally, the word "squatter" implies that the inhabitant is not paying rent and does not have nor ever had authorization to inhabit the premises.
The terms of the lease should state the exact conditions to vacate the premises.
Did you served them with notice to quit? If you have not given written notice and the lease has an automatic renewal clause, no you can not put them out. You have to give them notice to vacate the premises. The written notice must be in compliance with the lease agreement.
If you have given written notice and the that time is up. You can change the locks.
However, the safest thing to do is to take them to court. You do not need hire an attorney. Just go to the small claims court in your district, they will show you how to fill out the papers. Act quickly, because these thing can take some time, and the longer you wait the more money they will owe to you.
You cannot change the locks before you go to Court and get an order to that effect.
No you can not ever just "change the locks" until you have a formal eviction though the courts and the officer comes out to sit out the property.
Before that, you have to wait for them to move out on their own.
I have posted/served them with a three day notice & I also gave the a 24 hour notice for inspection. I spoke with them over the phone & told them if don't remove their items that I would change the locks
You can threaten to do all sorts of illegal things ( short or real threats)
If you lock them out, they can sue you for damages and unlawful eviction. No amount of warning makes it legal.
After you give notice and they don't mvoe, you file for a eviction in court
[QUOTE=ProjectAdvisor disagrees: I have been both a landlord and I roommate. I hae changed the locks for non-payment of rent and the courts later up help my decision. This was not something that I made up.
QUOTE]
The fact that you changed the locks for non-payment and somehow were able to "get away" with it does NOT make it legal.
People speed all the time, drive unlicensed and don't get caught. That doesn't make speeding and driving unlicensed illegal.
This is very poor legal advice.
It never occurred to me that you made it up. I just think it's quasi-legal advice that could get someone else into a lot of trouble. That's all.
What state are you in that you gave 3 day notice. From my understanding 3 day is for failure to pay. Some states do have 3 day though.
You said your renter has paid in which case I am wondering if you shouldn't be giving more like a 15 day notice.
Then as the others have said you then go to court and get another eviction notice if they haven't left after your written notice. Then when they still haven't left when that order is up the sheriff comes and escorts them off the property.
Sure you can change the locks as Project A.
Has said BUT you could also be looking at an illegal eviction lawsuit if they check into how legal your tactics are.
Quote:
Originally Posted by s_cianci
Actually in NJ (where you are) it's a 3 day notice following by the period of the rental agrement, i.e. 30 days (month to month).
Yeah I was thinking NJ was one of the 3 day.
Comments on this post
ProjectAdvisor disagrees: I have been both a landlord and I roommate. I hae changed the locks for non-payment of rent and the courts later up help my decision. This was not something that I made up.
If this is true then there has to be some extenuating circumstances that allowed the court to go along.
The law, at least in all 50 US states, is that you cannot lonck a person out of their home without a court order.
To cGroup. A 3 day notice is only if they are delinquent in their rent or, otherwise violating the lease. Even the lease has expired they are considered month to month tenants and the terms of the lease still apply, except for rent and term.
To remove them you have to go through the full legal eviction process for your area.
Quote:
Originally Posted by ProjectAdvisor
The question (in part) is: "There is a person who is living in my apartment with an expired lease, has paid rent and does not have my permission to stay."
I just caught this in your answer - in my area (at least) Small Claims Court does NOT handle evictions. Where are you that they do?
I have a run down of all the States and don't see anywhere where Small Claims will handle evictions - but anything is possible.
I know that Fr_chuck is in Georgia and he says you have to go to housing court.Quote:
Originally Posted by JudyKayTee
NJ changed the law. If a tenant has not paid rent there is no "pay or quit" notice required anymore. The landlord can immediately file a lawsuit for eviction.Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by LisaB4657
Thanks Lisa - apparently the Internet has not caught up to NJ law.
My apologies for my error.
I see that this "squatter" has paid rent - in that instance is it still 3 days/rental period?
I did read that NJ was no notice now but it gets too confusing to me sometimes what is the newer law and all.
NP. I just heard about it recently.Quote:
Originally Posted by JudyKayTee
Unfortunately, in NJ a landlord must offer a tenant a renewal lease unless there is one of 16 specific conditions, such as the tenant habitually paying late or causing damage, or the landlord selling the property and one of the conditions of the sale is that the property is vacant, or the landlord is permanently removing it from the rental market, etc.Quote:
I see that this "squatter" has paid rent - in that instance is it still 3 days/rental period?
If one of the 16 conditions is not present then the landlord cannot evict the tenant. If one of the 16 conditions exists then the time for notice varies. It can be anywhere from 3 days to 90 days, depending on the reason.
A great source for landlord/tenant info in NJ is http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf
Was it ever established where the OP lives?
Also they are not a squatter, they are merely a renter.
| All times are GMT -7. The time now is 06:54 PM. |