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self- help eviction?
so I have a tenant in my house that is 2 months behind on rent. She wrote me a letter saying that her boyfriend stole the rent money and that she caught him using hard drugs. I gave her 30 days notice and she still wont leave. She since has given her thief boyfriend a key to the place and he has been coming back to the house after she kicked him out of the apartment for about a week. Since I also live below these people, I am now concerned that her drug addict/thief boyfriend is going to rob me too.(I am worried about my own safety) Since I have it on paper that her boyfriend is a thief and a drug addict, can I evict them myself? (without getting the courts involved?) She also never changed the utilities into her name, but told me she did, so I am also responsible to pay her utilities
13 Answers
- Nuff SedLv 76 years ago
You can get a restraining order on the BF/Criminal, change the locks and give a new key to the tenant, for her own use during the period in which you are evicting her.
Give her notice to "pay or quit" within whatever your state laws require (3, 5, 7, 10 days, whatever). The day after that expires, file an action in the courthouse for an eviction order and have her served with the summons and complaint.
Or hire an attorney to do it all for you, so you don't mess up something and have to host these people for several more months.
Non-payment of rent typically gives you a "streamlined" process to an eviction (which, by definition, requires a court order). If you just didn't like them, or they're damaging things, you would need to give them the 30-day WRITTEN notice before you could sue for an eviction.
Be very careful NOT to violate the tenant's rights (e.g., changing the locks without giving her a key), or your case may be dismissed by the court.
Courts generally "hate" self-help evictions and the penalty is that you get to start over, if not also have a restraining order, judgement for damages you caused them, and criminal fines against you.
- BillLv 76 years ago
You will have to file a court eviction. The process will take up to 45 days as you have to follow specific rules and give proper notifications. After the eviction is finalized the police can assist you in forcing them out and then you can go to small claims court and try to get a judgment for the money and cost owed. Good Luck
- loanmasteroneLv 76 years ago
What is you definition of self-eviction? If you mean evict your tenant without the court ordered eviction the
answer is no.
You are required to use the court procedures to legally evict a tenant.
You are able to file the eviction paper work at the court. You simply go to the court, speak with the court clerk, obtain the necessary documents required of your state and fill them out.
The court clerk is able to assist you, however, they would not be able to provide you with legal information in any way.
If you have questions about the eviction procedures of your states, you might contact the local landlord tenant advocacy group. This group would be able to provide you with legal information about the legal eviction process of your state.
You might also consider contacting the local legal aid society. This is a group of local attorneys that offer
legal information to you. In some instances they might consider taking your case, based on your economic
condition.
You would be required to Google for these agencies followed by the city and state in which you reside.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- R PLv 76 years ago
No.
You have to have them evicted through the courts. Why did you give them a 30 day notice to vacate as opposed to a Pay or Quit notice?
Since you obviously don't know what you are doing (and are asking if you can do somehting illegal that could cost you thousands of dollars), I would strongly urge you to hire a flat rate eviction attorney. That person will get the deadbeats out as soon as legally possible and the fees are deductible expenses against your rental income.
Source(s): FL landlord - How do you think about the answers? You can sign in to vote the answer.
- babyboomer1001Lv 76 years ago
You should have shut off the utilities. You might have a hard time recouping that money unless it is stated in her lease that she will pay it or unless you have proof that she has paid it all along. Legal evictions are through the courts. You can give them notice to move out earlier but, if they refuse, then you will have to get the court involved. Tell your tenant that her bf is not welcome and if he is caught there again, you will call the police on him. Do it anyway and report him about the drugs and state that you are afraid of him. Also, get a restraining order against him.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - Anonymous6 years ago
Self help eviction is illegal. You MUST go through the court- that is not an option. You fail to properly & legally evict them you give them grounds to sue you.
- MaxiLv 76 years ago
First you need to know what the laws are where you live, trying to do anything on the cheap in this situation means you could end up with her remaining much longer, also "in your house" as in living with you, then she is a lodger not a tenant and that means different laws in many countries, where I live much easier. So what is she a lodger or a tenant, research where you live the laws for eviction.
As for the bf who is a druggie the police are the people to speak to, he is not a lodger/tenant
- A HunchLv 76 years ago
If she is physically "in your house", she is a lodger and has different rules than a tenant. Lodger rules are much different than tenant rules.
If it's a two family property and she is lives in a separate area than you do, she is a tenant. You need to go through the legal eviction process to have her move.
- FAHqLv 66 years ago
help eviction....in response to the title...2 month behind in rent....gave 30 days notice.....if she doesn't leave she will be behind 3 months rent....fill out the paperwork, get her served, pay the filing fee and have the court evict her....she has a job....file again in small claims court..for the money you are out