Q: No lease, no monthly payments, what can we do to get him out of the house?
My mother went into the hospital last year. While she was there she asked her ex-husband, my father, if he could come by and care for her pets while she was away. He agreed but asked if he could stay there to save on gas. My mom agreed and now he's still there. At first my mom said it was okay because he was helping to pay utilities and was helping her do things around the house that she couldn't. But now she wants him gone. He has completely taken over her house. He has brought in his own animals that aren't house broken like hers are. He's placed his personal belongings throughout the house without permission, moved my mothers personal belongings, and just taken over her home. What does she have to do to legally remove him from the premises? He pays no rent, the only agreement is that he was allowed to be there, not that he had to pay anything. He's already been there for about a year and he needs to go. Will a 30-Day notice be sufficient? Or is more required?
A: It's treated like a month to month lease, even though there never was a written lease. It can be terminated at the end of any month by 30 days notice. So give written 30 days notice now, to vacate by May 31. If not out on May 31, then on June 1, give him a 3 day notice to leave. Then file eviction complaint 3 (business) days later, i.e. June 7, to be safe. Use the Find a Lawyer tab to consult a local attorney to assist in case he gets an attorney to fight it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
