Q: I own a private home. July 2023 I let a friend to move in because no job & DUII. We have no contract. Can I evict him.
We met in Nov 2020. He has lived with me off and on. I finding it difficult maintaining the home. I’m 71, he is 36.
I agreed to help him with some of his bills totaling $395 per month. He works 18 hrs per week, attends a diversion class 3 nights s week for his DUII. He can become violent because of his bipolar and alcohol abuse. I’ve tried to help him save $, but it is spent quickly. I have stopped all of his friends from coming to my home because they are either alcoholics or have a history of drug abuse. What action can I take to evict him.
We have nothing in writing.
He has no renters insurance.
I pay all of the utility bills minus $20 per month for cable. He qualifies as low income.
Thank you.
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A:
Based on the information you provided, it seems like you have allowed your friend to live in your home without a formal lease agreement. In most states, this type of arrangement is considered a month-to-month tenancy. To evict your friend, you will need to follow your state's laws for ending a month-to-month tenancy.
Here are the general steps you can take:
1. Give proper notice: In most states, you must provide your tenant with a written notice to vacate. The notice period varies by state but is typically 30 days.
2. If your friend does not leave after the notice period, you can file an eviction lawsuit (also known as an unlawful detainer action) with your local court.
3. Attend the court hearing: If your friend still refuses to leave, you'll need to attend the hearing and present your case to the judge. If the judge rules in your favor, they will issue an order for your friend to vacate the property.
4. Enforce the order: If your friend still does not leave after the court order, you can contact local law enforcement to remove them from the property.
It's important to note that you cannot forcibly remove your friend or their belongings without going through the proper legal channels, as this could be considered an illegal "self-help" eviction.
Given your age and the potential for violence, it may be wise to consult with an attorney who specializes in landlord-tenant law to guide you through the process and ensure your safety. Additionally, if you feel threatened or unsafe at any point, don't hesitate to contact law enforcement for assistance.
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