Many people take on boarders in their homes for sources of extra income. Others allow relatives or friends to move in temporarily for a variety of reasons, such as to be of help to someone in need. It can become a delicate balancing act if you find it necessary to evict a family member or friend from your home. Keep in mind; laws related to eviction protocols vary depending on which state you live in. Here are some specific ways you should approach evicting a person from your residence.
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Obtain a blank copy of an eviction notice form. You should be able to make a photocopy of a blank one at your local library, or your could go to an online forms site, such as Free Legal Documents. You will find the link in our Resources section.
Fill out the eviction notice. You should include the name of the tenant, the address and the reason for the eviction. You should then sign it. Remember not to add anything of a personal nature in a written eviction notice, even though it might be tempting. Keep it entirely businesslike.
Give a copy of the eviction notice to the resident of the home and have them sign and date it, as well as the copy you keep for yourself. In the United States, typically, if the individual has a lease or is paying rent, you must give them anywhere from a 30 or 60 day notice, depending on the laws in your state.
In the event that tenant fails to vacate by the requested date, in most states, you willl need to request a forcible entry and detainer hearing. This is a short court hearing in which you show the judge your lease or rental agreement and explain the reason for the eviction. If the judge agrees with you, he or she will sign an order of eviction and a writ of assistance. The writ will allow you to call law enforcement to have them bodily remove the individual if he or she fails to leave by the date given by the court.
Provide the officers with proof that you are the owner, that you have the right to have the person removed from the property, and that they have been properly served with an eviction notice.
Tips and warnings
- Check with an attorney or law enforcement if you have questions or concerns about evicting someone from your home. They can help you determine what local laws regarding eviction are where you live.
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