Q: friends homeless asking to stay for 5 days w their belongings in garage, been 25 days no rent.Need to evict them?
no rent , no money exchanged at all. have recorded was only temporary, stole my debit n didn't press charges, do I need to evict them? what about their belonging filling my garage, cannot get to my necessary belongings?
A: Yes, unfortunately, you must use the proper eviction process. If you don't, they could sue you for wrongful eviction - and they probably would. Give them a 3-day notice for non-payment of rent, and then file for eviction after 3 days. The court might dismiss that, since there was never an agreement to pay rent. And the court could say they are on a month-to-month lease, which can be terminated at the end of a month by giving notice at least 30 days in advance. So in case that eviction case #1 might get dismissed, also give them, at the same time as the 3-day notice, a 30-day notice to leave, terminating their lease as of May 31. Then if eviction #1 gets dismissed, and they don't leave by May 31, then give another 3-day notice on June 1, and then after 3 days, file eviction complaint #2. If the court issues the eviction order, then arrange with the sheriff to move them and their stuff out to the curb. Use the Find a Lawyer tab to consult a local real estate attorney who handles evictions so you follow the proper process.
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