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Denise08 · Mar 12, 2007, 07:59 AM

If I do not have a formal lease, can I evict a person without the court proceedings?

LisaB4657 · Mar 12, 2007, 08:03 AM

No. If the person has ever paid rent then you have to follow your state's laws for formal eviction. That means providing a written notice which includes the appropriate time and then filing a lawsuit for eviction if the tenant fails to vacate within the notice period.

ScottGem · Mar 12, 2007, 08:12 AM

Do you not have a current lease or never had one? If you do not have a current lease, then the terms of the original lease apply (except for expiration date and rental).

In either case, you are on a periodic lease. This means you can terminate that lease with a notice equal to one rental period (one month if they pay per month). If don't leave at that point, then you have to start eviction proceedings.

excon · Mar 12, 2007, 08:32 AM

Originally Posted by Denise08

If I do not have a formal lease, can I evict a person without the court proceedings?

Hello Denise:

You got some great advice. However, I'm going to take a different course with you. It may have some influence upon the potential landlords amongst our millions of readers.

Have you ever played Monopoly? Do you play poker? Do you know the rules of those games? Are you a driver? Do you understand the rules of the road? Did you read the manual at the driver's license place? I'll bet you did.

So why would you invest, say $100,000 or more, probably the largest investment you'll ever make, into a business, and not know the rules? They aren't any more complicated than Monopoly rules are. You can find a copy of them at the top of this forum on a "sticky".

excon

Fr_Chuck · Mar 12, 2007, 09:10 AM

Well you can not forceably evict, now you can give them an eviction notice to move out but if they laugh and just stay, you will have to go to court.

I found with a lot of my dead beats, ( it costs me about 100 bucks and several hours in court to evict) so I offer them 150 dollars paid when they are completely out of the house to move out in 3 or 5 days, if not I will use the court to evict.

Of course you never pay until the last piece of furture is out and you take possession. I spend about the same amount of money, they normally don't knock holes in all the walls or steal my window air conditioners that way.