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How do you legally evict someone...?

We invited an acquaintance to stay in our apartment until he could get on his feet. There was no contract and no rent being paid. We only asked that he help with some work around the house. He's been there 3 years now and we haven't asked him for any help for the past year. We don't even think he is actually still living in the apartment, only storing his stuff. We've been trying to get into contact with him for the past few months because there is a potential renter and we need him to get his things out, but he won't return any calls and we are 600 miles away so we can't physically locate him. So anyhow, we would like to know if we have the right to have a family member move his things out into the garage, change the lock, and clear the apartment ourselves.

2 Answers

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  • Anonymous
    10 years ago
    Favorite Answer

    Yes since you are the owner. If there was never a contract, then legally he can be out anytime you guys say so. Best advice would be to hire a lawyer... since it is a family member, have someone try facebook to locate him or some other social network, if a no go. Tell him he has a certain number of hours or days to relocate his stuff or you will hire a company (gojunkfree.com) or junk removal places will do this for free typically. If you care you could hire someone to put it into a storage for him but only give him one month of paid service and he has that month to continue paying it or they take it. You can't really go around walking on eggshells because he is a family member. I have found some friends better family than actual family! Long story short you have all the rights in the world to tell him to get out, you don't even have to evict him since there is no contract. But just in case I would call a lawyer to be on the safe side.

  • 10 years ago

    If he recieves mail there and can prove he lives there, you need to give him a formal eviction letter. moving his stuff and changing the locks is illegal. i was in the same situation 2 months ago.

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