Eviction can be used to remove a person from your household who does not have a lease with you. You do have to follow the exact legal process that your state has set for eviction for it to be legally binding. Failing to follow all the required legal steps during the eviction process can get the eviction thrown out of court and you'll be stuck with a lease-free tenant even longer.
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Open your web browser and navigate to your state's legislature page. Search under landlord-tenant laws or eviction laws and rules. Make a note of the lease term for a tenant who does not have a lease, has an implied lease or has an oral lease. Also note the lease termination time period given for a periodic tenant. Most states consider a tenant without a specific lease agreement to be on a month-to-month lease. Month-to-month leases can be terminated with a notice period equal to the length of the implied lease term, usually 30 days.
Write a notice of termination according to the requirements of your state. The termination notice is the first step in the eviction process, but you don't need any specific legal document for the termination notice. If the eviction case goes to court you do need a few specific pieces of information on the termination notice. Your name, address and signature are required, as is the tenant(s) name and the subject property. The reason for termination, in this case a nonrenewal of the lease, also needs to be included. The notice period should be displayed prominently. Include the specific day that the lease ends, 30 days from the termination notice. If your unwanted tenant still does not leave, you'll have to go to court to get a court-ordered eviction.
Hand-deliver the termination notice to the unwanted tenant or post it on the door to his room or another area where he is sure to see it.
Make copies of the written notice. Go to the Clerk of Court's office, or his equivalent, at your local courthouse once the notice period has ended. He has all of the forms you need to start the eviction lawsuit. An eviction suit may be called an unlawful detainer or forcible detainer lawsuit. The lawsuit's purpose is to have full legal possession of your home returned to you. Fill out the eviction complaint form and summons form. Unlike the termination notice, the court summons needs to be served by a third party such as a process server or sheriff.
Attend the court hearing, bringing copies of your written notice and any witnesses who can refute potential arguments about a lease agreement being in place with the unwanted guest. If your tenant shows up, you'll need to present your evidence and explain why you need the eviction. If he doesn't, you'll get a default judgment of eviction.
Take the eviction judgment to the sheriff or constable's office. You cannot conduct the eviction yourself, even with the eviction judgment. The eviction procedure is handled by the sheriff. He'll serve your tenant with the judgment and give him a short notice period to leave before he is forcibly removed.
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