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

    Sep 14, 2012, 02:24 PM
    Eviction of a tenant/roommate without a lease
    My husband and I own a home in Wichita, Kansas. We have a small apartment above our garage that we rent out. We only have one address so the woman living there is essentially our roommate. She has not paid rent for almost 2 months. She has been staying somewhere else for the past couple of weeks and will not answer my phone calls or texts. Legally, how can I get her out? We have no lease or receipts. Only severgal unanswered text messages.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 14, 2012, 03:08 PM
    Look up EVICTION PROCESS... that applies no matter if its your lazy son who won't get a job at 25 , or a friend that's overstayed their welcome... or a tenant... doesn't matter if there was ever a written lease or a single dollar changed hands or not.

    Have her served with a 30 day notice. If she hasn't gotten her stuff out you go to court, and have the eviction process enforced where the SHERIFFS come and remove her property and sit it at the curb... then and only then can you change the locks.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Sep 14, 2012, 03:12 PM
    You don't need to serve her where she is staying; your address is her address for the purposes of eviction. Some states require the notice posted on the door as well as mailed certified letter, which in this case would be a good idea.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 14, 2012, 04:36 PM
    Quote Originally Posted by VeronicaLily View Post
    ... We only have one address so the woman living there is essentially our roommate. ...
    No, actually a roommate would be sharing a room with you, hence the term room - mate.

    If she pays for exclusive use of the apartment, she wouldn't be a roommate, although it doesn't matter in your case. You have to have her evicted, as the others have said.

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