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Can I kick out a paying roommate if I own the property and they aren't on any lease? They pay cash and keep a low profile?
16 Answers
- linkus86Lv 72 years agoFavorite Answer
Just because a lease doesn't exist between you doesn't mean your tenant doesn't have certain legal rights. State law actually addresses this situation because it is so common. Under the law such tenants are considered a "tenant at will" and treated just like a month to month tenant. You owe the tenant you wish to kick out the same amount of WRITTEN notice as that they normally pay rent. So if they pay monthly, you need to give at least a full months notice. For example if you gave them notice to be out today, they can legally stay until then end of April because March has already begun. If they refuse to leave, then you have to take the legal steps to evict by court order (formal eviction). State law varies as to how that is accomplished.
- JimLv 72 years ago
The ONLY way I know to have them leave before 30 days is IF you feel threatened and file a Restraining Order.
- Anonymous2 years ago
You will have to take them to court, they have rights.
- Nekkid Truth!Lv 72 years ago
You have to file an eviction.. And have a solid reason for the eviction. There may not be a lease, but they have established residency.
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- STEVEN FLv 72 years ago
Eviction laws are the same, with or without a written lease. It doesn't even matter if they pay rent. As long as you have allowed them to remain long enough to establish legal residency, you have to follow the rules for formal eviction.
- curtisports2Lv 72 years ago
If they pay, they are a tenant, not a guest. You must follow state law in giving the required advance notice to vacate.
- 2 years ago
You can evict them
You're not bright enough to cover all the angles and it is far to easy to prove you're living somewhere.
The chances of you just kicking them out and winning in court is slightly less than you just hacking them up, throwing away their stuff, claiming they moved out, and evading jail.
Worst case scenario, they claim to be your domestic partner and sue you for half.
- SlumlordLv 72 years ago
You can evict them if that's what you mean by "kick out", since you own the place. You need to give them proper notice to leave first.
- Anonymous2 years ago
No you can't,Skippy.
You have to go through the proper legal process.