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    justntime's Avatar
    justntime Posts: 1, Reputation: 1
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    #1

    Nov 9, 2010, 02:22 PM
    Is a eviction form needed
    I have let a friend live rent free at my house with no lease for the last 3 yrs. And I want him to move but he refuses. So do I need to get a eviction notice or how do I proceed about going with this
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Nov 9, 2010, 02:56 PM

    You need to give him written notice to leave the premises. Then when they don't do this you need to file a formal eviction lawsuit against him. When you are at the hearing for the eviction you also need to get an Order of Removal as well otherwise this joker just may decide not to leave the premises with just the Order of Possession as the cops don't have to make the person physically leave without the Order of Removal. Small technicality but trust me, if the cops want to be jerks they can just tell you to go back to the Judge and get the Order of Removal before they'll physically remove the "friend" from your house.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 9, 2010, 05:16 PM

    First, any question about law needs to include your general locale as laws vary by area. The person has established residence. Therefore, he is considered a month to month tenant. Depending on where you live will depend on what notice you have to give. If he refuses to move by the deadline you will then need to go to court for an eviction order.
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