How Do I Evict Someone Who Is Staying With Me?
- 1). Be sure before you try to evict someone that you are the legal owner of the property where you live. If you only own half the property--and the person you're trying to evict owns the other half--you cannot evict them. If you are not the owner of the property, you cannot evict someone either.
- 2). Check to see if the person has a legal, contractual right to stay in the residence. If they do, you'll have to file papers to evict him because your own written notice won't suffice.
- 3). Warn a person without a legal right to be on your property that you intend to evict them 10 days before you start the eviction process; this is your notice that you'll be terminating their tenancy.
- 4). Talk to a lawyer in your area. Some localities have different requirements so you'll want to be sure you're meeting all the requirements if you live in one of those areas.
- 5). Obtain a petition from the lawyer or the clerk of court. This is the paperwork you have to file to remove someone from your property.
- 6). File a petition to evict if the person without a legal claim to the property chooses not to leave after receiving your first notice.
- 7). Wait for the court date. If the person leaves before the court date, then you've won. If not, then you'll have to present your case at court. If they lose, the police will have to serve them with the eviction paperwork.
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