Q: What rights do I have as a homeowner against roommates I want to evict? No lease is involved. No rent has been paid.
We allowed them to move in with no lease and no rent. But now we want to evict them because they are alcoholics. There have been two incidents where the male has struck the female, according to her word. If there is no lease involved and no rent was expected, do we have a right to kick them out at anytime? Or do we have to provide a 30 day notice? Seems like to me that if they haven't paid any rent, and they didn't sign a lease, that should not be binding to the landlord and tenact act 66-28-512. They are relatives who we were just trying to help. But now they won't leave when we've asked them to and say they're not leaving without an eviction notice. We are the homeowners who also live there. I just didn't know if the eviction notice would even apply since there was never any sustainable agreement put in place about length or terms of residency.
A: File a Detainer Warrant in General Sessions Court. The service on them or the posting on the door is notice to quit. Do not get in a fight and tell them they can tell everything to the Judge. Be careful, because if there is a fight they will have you arrested for assault and have leverage against you.
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