How do I kick someone out of my home that's not on the lease? - Landlord and Tenants Law Questions and Answers- LawQA.com

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How do I kick someone out of my home that's not on the lease?

How do I kick someone out of my house that is not on the lease. They moved in with me several years ago, but I do not want them living there anymore. How do I go about doing this legally?

Answer By Andrew Capelli
Fidelity National Title Insurance Company
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If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to legally remove that person from your home. Good luck!

Answer Applies to: Michigan
Replied: 8/30/2012

Casler Law Offices PLLC
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If the person has been paying you rent, then give them a 30-Day Notice of Termination. If they have not been paying you rent (or some other type of consideration, such as buying groceries or paying the utilities), then they are a "tenant at will." Serve them with a 5-Day Demand for Possession. If they do not leave, then on the sixth day file an eviction action.

Answer Applies to: Arizona
Replied: 8/22/2012

Answer By Gary Platt

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Even if this person (or persons) has no lease agreement, you can evict him or her (or them) using the regular eviction process. You should retain an attorney for this purpose if you don't know exactly what to do.

Answer Applies to: California
Replied: 8/21/2012

Answer By Victor Varga

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Are you the owner of the house? If so, you have to treat them like a tenant by providing them with 30 days written notice to vacate, and then take them to court for Tenant Holding Over. If you are the Tenant as well, talk with the Landlord, who can do the same thing.

Answer Applies to: Maryland
Replied: 8/21/2012

Answer By Gregory Crain

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Give them an eviction notice.

Answer Applies to: Arkansas
Replied: 8/21/2012

The Law Offices of Robert W. Bellamy
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They are guests, manup and throw them out. If you need the sheriff to help call them. Be sure to change all locks on doors and be ready for harassment. If they take you to court have your lease with you.

Answer Applies to: Alabama
Replied: 8/21/2012


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You give them a notice to quit.

Answer Applies to: Michigan
Replied: 8/21/2012

Answer By Scott Behren
Behren Law Firm
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You can file a lawsuit for ejectment.

Answer Applies to: Florida
Replied: 8/21/2012

Answer By Gregory Sultan

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If they never paid rent, taxes or utilities, then you ask them to leave and if they don't you wait till they are not their and start putting their stuff in the yard. Let them and the police know what you did and change the locks. If they did pay rent or other costs, then ask the police what you can do. Were I live you may have to file a court action to evict or if you are in fear of something they may do get an order of protection.

Answer Applies to: Illinois
Replied: 8/21/2012

Answer By Gordon F Gault

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You would have to give the person a thirty day notice on the day they pay rent. After that you would need to file an eviction lawsuit.

Answer Applies to: Illinois
Replied: 8/21/2012

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