Q: Can I remove tenants from my investment property even though we never had a written lease agreement?
I purchased a house in 2007 as investment property. I allowed my in-laws to live there in exchange for them paying taxes, insurance and up keep on the home. Additionally, we never signed a lease. They have not kept up their end of the deal, but as family I allowed them to continue living there. I am now ready to sell the property. What kind of notice do I need to give them in order to have them vacate the property? What recourse might they have against me?
A: You may have a serious problem if they refuse to leave and claim ownership, especially if they hire a competent attorney. You must immediately file a Detainer Warrant and see if you can get them out with it. Otherwise you may have to file an action for Ejectment, which you might lose. Hopefully you have paid the taxes. Hire a good lawyer that knows real property litigation immediately. The two Statute of Limitations which control here are three and seven years. Also you may be able to disable the utilities.
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