Even if someone has been in a property less than a week the only way to properly remove someone who claims to be a resident is through an eviction. This is done just as a landlord would evict an individual who has a lease. You can learn more about the eviction process here.
If you expect a living situation to be long-term, you may want to formalize it by signing a lease or sublease. If you want to maintain or confirm guest status, you can sign a guest agreement like the one found here. Written agreements are good because they clarify what is expected from both sides. You can make it clear that even if someone helps with bills, they are a guest. Note that the sample guest agreement is not a lease and is not intended to create a tenancy.
As with any legal document, it is a good idea to have an attorney review it before you sign. Important: If you rent, know that many leases do not allow long-term guests. Most leases also require getting permission before subleasing.
Violating a lease can cause big problems, including fees and eviction. Be aware of what is in your lease before you sublease or enter into a guest agreement. Sample guest agreement. Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Estate Planning. Real Estate Law. Guardianship Law. Charles Aurora Wheaton.
Cedar Rapids Davenport Des Moines. No items found. November 16, In this article What is a Lease? The Eviction Process Reasons for a landlord to evict a tenant include: Failure to pay rent Damaging the property Refusal to move out once the lease has expired Failure to abide by any of the agreements laid out in the lease The first step to evicting a tenant is to provide the tenant with a proper eviction notice, which typically gives a deadline to comply with the lease and lists how much the renter owes.
What to Expect From a Consultation The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Learn More About Our Firm. Similar Articles Heading. What are Local Rules in Indiana? Kevin O'Flaherty. Connie J. Protective Order by Consent Agreement in Iowa.
Meet the Owner. The amount of time the tenant has to leave will vary depending on the state and situation. You can do this at your local courthouse. Some jurisdictions allow you to file and submit evidence online as well. Once the court reviews your filing, they will schedule a hearing date and send notice to both you and the tenant. At the hearing, you will need to explain the no-lease situation, when you sent notice, and why the tenant should leave the rental property.
The tenant will have a chance to explain why they deserve to stay. At the end of the hearing, the judge will decide what happens next.
If either party does not show up, the case is typically decided in favor of the party that does appear. If the judge agrees with your evidence, you will receive a judgment that can be used to ensure an eviction occurs.
Instead, take your judgment to your local sheriff. They will then execute the eviction, and you can regain control of your property. One of the most common ways to end up with a tenant you did not choose or make a contract with directly is when you take over a property.
Whether you buy a property that is already being rented or you inherit a rental property , you now have a tenant you did not contract with. Ideally, you would have received a copy of the existing lease agreement when buying the property.
You should negotiate to have this, and you can find out during the buying process if this is a no-lease situation. If so, you may still end up with a tenant who does not have a written lease agreement in play.
In most cases, you can give these tenants a notice to quit. The period of this type of eviction is usually much longer than other eviction cases because the tenant did have a valid contract with the previous owner. If you did not negotiate moving terms with the tenant before acquiring the property, you would need to follow these steps:. Often, tenants will be permitted to stay at the property until their original oral agreement runs out. While this can be frustrating for you as the new property owner, it is fair to the tenants.
For that reason, it is key to research and review the existing arrangements before you purchase a property, so that you do not end up in a no-lease situation. Another type of tenant without a lease who you might be trying to evict is a squatter. A squatter may be someone you previously rented your property to, and they then stayed after their rental contract ended. Or, they may be someone who moved onto your property without permission.
Evicting squatters is very similar to evicting renters. Even though it might be tempting to force the people off of your property, doing so could put you at risk of legal trouble. To evict a squatter, you still need to give them notice that you will be filing a suit for eviction.
Every state and area has different rules about how long before you file a suit you must give a notice to quit or a notice of eviction, so you will want to check these regulations. Once you have given enough warning, you can file a suit for eviction. If the court sides with you that the squatter should be removed, you can use the court order to have them removed from your property by the authorities.
Many new landlords are surprised that the process used to handle squatters differs so little from how tenants are handled. Ultimately, however, people have rights that cannot be violated even if they are technically trespassing.
It will be up to the court and authorities to assign any such charges, and you as an individual should not try to enforce anything without that type of support. Are you stuck wondering, how do I evict a tenant without a lease who I originally allowed to be there?
This type of tenant is called a tenant-at-will. In tenancy-at-will situations, a verbal or written agreement has been made between you and a tenant. This sets up a month-to-month tenancy that can be terminated by either the tenant or the landlord with a day notice. Doing an eviction without a lease requires that you give the appropriate notice for your state. While we are using 30 days as the standard since this is the case in many states, some states or localities might default to a different notice period for tenancy-at-will situations.
Be sure to double-check your local requirements. Because there is no long-term lease agreement, this is the extent of notice that you need to give to a tenant-at-will. One exception to this is during nonpayment of rent situations. In this case, many states allow you to only give a day notice to quit to any tenant-at-will who is not paying the rent as agreed.
Since they are not meeting their part of the agreement, the process is faster. Another interesting fact about tenant-at-will situations is that you do not need to give any reason in the notice to quit, other than your desire for the tenancy to end. Because there is no lease or contract involved, all the tenant needs to receive is notice that they will have to move. Another question that some accidental or less official landlords have is how to evict someone from your house without a lease.
For example, parents that allow their adult child to live with them may, unfortunately, need to ask their child to leave, but the individual might feel like they have a right to live there. Evicting someone in this situation can feel totally different from other situations, but the particulars are very similar.
The individual can be considered a tenant or occupant , and the owners are considered to be the landlords. Then, the owners will need to send out a notice to quit and follow the proper eviction proceedings if the individual does not comply. Evicting someone you live with can be complicated, but the property owner has rights that allow you to do this.
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