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    iknownothingatall's Avatar
    iknownothingatall Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 4, 2007, 06:39 AM
    Tenant without a lease and has yet to pay.
    Is there any steps I have to do to evict a tenant without a lease that has only paid the rent one time?

    I would like to put his things outside the door and change the locks.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #2

    Dec 4, 2007, 06:42 AM
    Once they have paid rent, even if only once, they are considered a tenant and you cannot just lock them out. You have to follow the laws in your area for terminating the lease and filing for eviction if they don't move out.

    You have two ways to do it: You can give them a 3, 5, 7 or 10 day written notice to pay or vacate. (The amount of time depends on the laws in your state.) If they don't pay or vacate within that time then you can file a lawsuit for eviction. However, if they pay all charges in full at any time during the process then you have to accept it and they can stay on the property.

    Your other choice is to give them a 30 day written notice that their lease is terminated and they must move out. If they don't move out after 30 days then you can file a lawsuit for eviction and there is nothing they can do to stop it.

    If you just want to get the rent then go with the first option. If you just want them gone then you should go with the second option.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Dec 4, 2007, 07:35 AM
    Lisa gave you good advice. If you lock them out they can sue you.

    For future reference do NOT accept a tenant until a lease is signed. Do NOT accept a tenant without checking references.

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