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lil missy · Aug 31, 2009, 01:55 PM

My boy friend and I rented a house at the beinging of aug. We are the only ones on the lease and everything is in mine or his name , we let a friend ours and his girlfriend moving wth us and neither one of them are on the lease they started staying here on aug. 3, 2009. Well it has come to our realization that she can no longer live her because of things that she does. There is not an kind of agrement btween us other than she pays us her part of the rent .which as of yet she has paid us nothing, she is out of town and will be back on the 2nd of sept . At which time she said that she will pay us what she owes us . But we have a very strong feeling that it is going to be the same thing and not pays and our other friend is breaking up with her and we nolonger want her here . My question is can I kick her out with out having to give her 30 days we really need for her to be gone right a way. We feel that when our friend breaks up with her there is going to be trouble with her and for the best interest of everyone living here she needs to go right away.

JudyKayTee · Aug 31, 2009, 06:19 PM

She has to be legally evicted according to the laws of your State.

dottiekay · Aug 31, 2009, 08:35 PM

You created an oral contract with her and that would create in your state enough grounds... where you would have to give her notice within 30days of the eviction

This is of course a opinion from individual research and you must contact a lawyer for any legal advice

JudyKayTee · Sep 1, 2009, 04:17 AM

Originally Posted by dottiekay

This is of course a opinion from individual research and you must contact a lawyer for any legal advice

Please post your research - I don't know what State this person is in so I couldn't give her specific information. You were able to tell it's 30 days notice (as opposed to 3 day and then 30 day notices or some other arrangement).

We take pride in our correct answers here and where you found the State she is in and the other info is important.

ScottGem · Sep 1, 2009, 05:56 AM

The first question is when was rent due? The second is what state are you in? Also did she do anything to establish her residency like change her driver's license are is she getting mail there?

An oral agreement can be binding if it can be proven. If she has established residency, then she is a tenant and has to be evicted according to the laws in your area.

If her rent is past due, you can give her a 3-10 (depending on local laws) pay pay or quit notice. The disadvantage to you with this is that she can pay and stay.

Without a written lease she is a periodic (month to month) tenant. Therefore she has to be given notice in conformance to local laws. This can range from a week to more than a month depending on how when rent is due and where you live.

You can't just kick her out as that might constitute an illegal eviction and open you up for a lawsuit.