Tuesday, October 25, 2011

How do I evict my roomates who didnt sign a rental doc?

I let ..invited even, 2 girlfriends to move into my house with me. I own it, they are not on any utilities, lease, anything. We agreed it wasn't working out and they would leave, but one of them is still there and refuses to talk to me. I have no idea if she is looking or leaving or what....she sneaks in and out and wont answer my calls. Can I give her a 72 hr notice? Can I just have the locks changed? any help is appreciated. Thanks!
How do I evict my roomates who didnt sign a rental doc?
you cant legally kick people out, even if they are not on any lease or utility bill. I dont know where you live but in california verbal contracts are legal.......the best way to clear the mess is to make a lease... usually 6 months or a year is standard.. but make one for one month or two... have her sign it.. wait it out for a month or 2 when her lease expires then you will have a signed legal contract, then you cant give her the boot.
How do I evict my roomates who didnt sign a rental doc?
Since there wasn't any written agreement and that you own the house, you have every rights to ask her to leave. No notice is required. Alternatively, change the locks and removed all her personal belongings and leave them outside the house where she can easily picked them up. You need to ensure that her personal belongings are safe until she picks them up because it's still your responsibility, they were placed and last seen in your house.
If there is no written lease involved it could be considered an oral lease. You invited her to live there. State laws vary but normally you must give notice 30 or 60 days that you want her to vacate the premises. This must be done in front of a witness and/or certified mail. If she still does not move out you will have to see a judge, with your witness and or signed document that she received the notice of eviction. The judge should give her so many days to move out. If she still does not leave the sheriff's department can be contacted and they will escort her off the premises.
This is bad and I feel your pain. This sounds like you are a hostage in your own house! Plan A: Put all her stuff at the curb and her along with it and change your locks pronto! Plan B: Rent a cheap hotel room for one night and put her and her belongings there and walk away. Change the locks. Plan C: When she leaves for the day put all of her things in boxes near the exit of your driveway. Change the locks. If she comes back yelling, call the police. Swift but firm action is a must for this squatter. For your sake don't let it go on any longer! Good luck.
Hi,



obviously, you can (and have) ask them to leave your home. The 'rental contract' part is immaterial. The problems arise if one, or both, of them refuse...



...'gijoejoe' suggests that verbal contracts are legally binding in California and he is right. However, you say that there was a second 'verbal contract' when they agreed to leave because things were not working out.



Give her a written notice (pin it to her door if necessary) to leave, choosing whatever time frame you think suitable and warn her that if she is not out by that date and time you will have her things removed from the house and she will be refused further admission.



Remember (as another answerer has stated) that you are responsible for the saftey and security of her items, but, once the notice has expired the responsibility falls back on her.



Changing the locks may be a good idea, but remember that ill-feeling can escalate if you act in a very 'high-handed' fashion. I would allow her a reasonable time to remove her belongings from the house before putting them outside the door, though getting herself out could certainly be achieved in 72 hours if that is what you wish.



Keep copies of everything you have written to her (in case of legal action) and put EVERYTHING in writing.



Best of luck.



BobSpain
if your house is her address and you invited her to stay you are stuck with her..Talk to a lawyer.

But you might try putting her stuff outside and changing the locks.

If she goes to the police a judge may grant she can stay at your home but you have to leave if you two cannot get along.
I think there are several good answers here, and I think BobSpain hit it out of the park.



I just wanted to say that, here in Florida, this situation would call for a %26quot;Notice of Ejectment,%26quot; which is very similar to an eviction here.