Q: I reside in Tennessee & want to evict two people who live with me that do not have a lease, and possess an illegal drug.
The eviction is due to finding them in possession of an illegal drug, and violating a verbal rental agreement for them not to come home intoxicated or bring home any alcohol. There is no lease involved. And they were never asked to pay rent. We allowed them to live with us to help them get back on their feet. We originally informed them of a move out date of June 30th, after catching them coming home intoxicated on multiple occasions. However, due to some recent suspicions, we searched their room and found the illegal drug. So we want them out as soon as possible to avoid being involved in a situation that could potentially land us behind bars. You know what they say, guilty by association.
Do we have a right to provide them a 3 day notice to quit? What is your advice for this situation?
A: This problem occurs frequently among family, etc. Strictly speaking, since there is no lease and there was never a demand for rent, these people are NOT actually tenants- they are "guests"- and you have the right to ask them to leave at any time, just like you might have allowed a door to door salesman or Mormon Missionary to enter your home, you can ask them to leave whenever you get tired of them. If they don't leave, they become trespassers, who can be criminally prosecuted for being on the property without the owners' permission. The problem is, the police and sheriff's deputies don't always recognize this, and many times they will tell you, the homeowner that you have to formally evict the guests since they have been living there. Give them a written notice with a reasonable deadline to get out ( the reasonableness depends on how much they will need to move- is it just their clothes, or did they bring furniture, etc?) If they won't leave, try calling the police. If that doesn't work, your only option is to file court proceedings for eviction.
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