How do you evict a non paying tenant?

Answer 1

If the non-tenant is living with a tenant in your property you need to tell the tenant to get rid of him or you can get rid of the tenant. If the latter occurs the non-tenant will be forced to leave automatically. If the non-tenant is not living there you can demand that he leaves and issue a trespass warning against him. It doesn't matter how that person is related to your tenant: you have the right to control who comes in and out if that person is a nusiance. Remember, non-tenants do not have the same rights as tenants, even if that person has a written lease between him and the Tenant (called subletting). As a landlord you have the right to ban your tenant from renting to others (subletting or subleasing). If you allow this to happen you may have more difficulties in kicking out the non-tenant.

Answer 2

Answer

I would call the cops. If they are not on the lease, they should not be living there. Answer It is likely that the police could not eject the person unless they were a trespasser who entered without your permission. You will need to contact an attorney and file a lawsuit to eject the person from your property.

Answer 3

When no lease has been signed, the question will arise: "Is the person you are trying to evict a tenant?" A tenant is a person who pays rent and/or provides goods/services in exchange for living on your property. If the person is a tenant (by this definition) you can begin eviction proceedings. If, however, the person is not a tenant (or denies being a tenant) you will need a lawsuit for ejectment. Unless you are very familiar with your state's civil court procedure, you should see an attorney immediately to discuss your situation.

As an alternative to legal proceedings, it is a good idea to try mediation to get the tenant to leave. Mediation is very inexpensive (compared to lawsuits) and has a very high success rate. See the Related Questions below.

Answer 4

First of all, try to work out a plan with the roommate. If you both negotiate in good faith, you will find that the process goes very smoothly. Even if you have to give the roommate extra time to move out, a voluntary agreement is far better than the legal process.

If you and the roommate cannot come to an agreement, you must sue the roommate to have him/her evicted. Unless you are very familiar with your county's civil court procedure, you should be represented by an attorney. Check your local phonebook for landlord-tenant or real estate law attorneys.

Answer 5

It depends on if you have been taking rent from them on a weekly basis. If there is no money trail then you do not have to do anything, you can just kick them out, however if they have been making regular payments to rent into your account (or there is proof of it) then it can be seen as constituting a lease. In which case you should give 30 days notice in writing for them to vacate. You can not evict a spouse! You need to check where you are getting your answer from for this question. Taking money has nothing to do with anything if you are not divorced or legally separated and living as man and wife ( same bed, etc). If you are illegally selling drugs from the residence or doing something considered illegal of another nature and the spouse reports it to the landlord, you might have your own set of issues.

Answer 6

That depends on the laws of your state.

Added: In most states of the US, a tenant has certain rights which the landlord must honor. Probably the best place to start would be at you rlocal courthouse. Speak to the Clerk of the Court's office, or your local Sheriff's office to find out what papers you would need to file to evict the tenant.

Answer 7

When you file an eviction, you are evicting EVERYONE in that unit. Many courts will ask you to add the words "et al" to the Defendant's name as written on the lease. "Et al" means "and others."

Answer 8

The same way you would evict the tenant themselves. Serve the non-tenant notice to vacate the premises, depending upon your housing laws, this may need to be 3-10 days notice. (It's safe to give a 10 day notice, as too much notice is good versus too little notice). If they do not vacate, you can proceed to the court house to begin your eviction suit.

Answer 9

You can ask the tenant to vacate the rental property and serve the notice period. If the tenant is not ready and argues further then you can take the legal action against the tenant.

Answer 10

If they haven't paid any money to you, or signed any contract you can just tell them they have to leave