Q: I moved in someone who is not on my lease. Got ok from landlord
He had punched doors and walls. I said he has 30 days to leave and he said he won't leave unless i fill out papers and have them stamped. How do I get him out? He's also broke some of my stuff and I'm wondering if I have him served, im affraid what he might do.
A: The exact details make all the difference here. Is there a landlord-tenant relationship between you or is he a guest that has over-stayed his welcome and refuses to leave? Regardless, oral/verbal notices to him are meaningless. Any notice to vacate, to be enforceable, must be in writing and contain all the legally required information and be legally served. How much notice you have to give him again depends upon whether he is legally a tenant and/or the grounds for evicting or ejecting him. If you have a legally defensible cause to remove him, less notice may be required than if you just want him gone without alleging a cause. If, however, you are legitimately concerned for your safety with him around, you may (or may not) qualify to obtain a restraining order against him. If you do, you can have him out as soon as the court will issue it to you and a Sheriff serves it, with his being subject to immediate arrest and jail if he returns without your permission. All in all, you may wish to review everything with a local attorney to learn your options and best way to go forward. Best of luck.
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