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    bobbinhunt's Avatar
    bobbinhunt Posts: 8, Reputation: 1
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    #1

    Oct 16, 2013, 02:11 PM
    How do I evict someone legally without a copy of the lease?
    My brother in law who is know longer with us rented out a house for me. Now I don't know where our copy of the lease is and they haven't paid rent in 2 months. What is the legal procedure of getting them out of my house?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 16, 2013, 02:38 PM
    As long as you can prove you own the house you don't need the lease, though it would help. Give them a pay or quit notice (the amount of time will depend on location a pertinent fact which you neglected to mention). If they don't pay in full by the deadline, you go to court for an eviction order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 16, 2013, 04:34 PM
    Ah, the brother-in-law is no longer with OP. It took a while to figure out that clause.

    I wouldn't even allege a lease in the court filing. It would only give the tenants a chance to raise a bogus issue. Instead, allege a month-to-month tenancy (as far as you know) and make the tenants prove the lease, if they deem it material. (if they think it makes any difference; it probably doesn't).
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Oct 16, 2013, 04:40 PM
    Since you are evicting for non payment, the presence of a lease doesn't matter. As AK said don't even mention. Simply point out they are 2 months behind in their rent.
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