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    chaz79mann's Avatar
    chaz79mann Posts: 11, Reputation: 1
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    #1

    Mar 11, 2013, 06:39 PM
    Eviction
    I have 19 year old stepson and his girlfriend on a month to month rental, how do I leagally evict them?

    :
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Mar 11, 2013, 06:43 PM
    Like any other non-family member tenant would be.

    You have them served with a notice based on your local laws in writing... 30 days most places... 60 days in parts of California... as little as 2 weeks in Florida.

    If they aren't out by that time has passed... you go to court to have the Eviction enforced... after which if you win, and if you did everything right... you will... the Sheriffs will remove them and their property. Only then could you have the locks changed.
    chaz79mann's Avatar
    chaz79mann Posts: 11, Reputation: 1
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    #3

    Mar 11, 2013, 06:53 PM
    Eviction 2
    Can they fight me on it? If so what are their chances of being able to stay?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Mar 11, 2013, 07:14 PM
    What is an "eviction 2"?

    Who owns the property... who is evicting who? Is there a long term lease that is yet unexpired?
    chaz79mann's Avatar
    chaz79mann Posts: 11, Reputation: 1
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    #5

    Mar 11, 2013, 07:19 PM
    Quote Originally Posted by smoothy View Post
    what is an "eviction 2"?


    Who owns the property...who is evicting who? Is there a long term lease that is yet unexpired?
    I own the property. They are adult stepson and significant other +multiple pets. No lease. Vrbal month to month.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Mar 11, 2013, 07:24 PM
    You have a process server.. serve them with the required eviction notice... (varies by what state this is in), pay the money.. don't do it yourself, it looks better for you, they have that many days to vacate... if they don't you go to court to have the eviction enforced... sure they can try and fight... but if you follow the law to the letter... there usually isn't much they can do.

    When you win the Sherrifs will put them out and their stuff to the curb... you can then change the locks. If they break back in... call the police and have them charged with breaking and entering.

    Just follow the law to the letter... and you should prevail.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 11, 2013, 07:37 PM
    I've merged your threads so the sequence is understandable.

    As the property owner you are entitled to control who lives in your home. As long as you follow the legal process of a vacate notice, then filing in court for an eviction order you should be fine.

    However, are you the sole owner? You say a stepson, is he the child of your current spouse? Does that spouse also own the property?
    chaz79mann's Avatar
    chaz79mann Posts: 11, Reputation: 1
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    #8

    Mar 11, 2013, 08:03 PM
    Quote Originally Posted by ScottGem View Post
    I've merged your threads so the sequence is understandab your current spouse? Does that spouse also own the property?
    I am sole owner. If I send registered letter, would that suffice a judge?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 12, 2013, 03:10 AM
    ANY question on law needs to include your general locale as laws vary by area.

    It may, it may not. As long as you have a witness that they were given the letter, that should be sufficient.
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