How do i get daughters boyfriend to move out of my house when he refuses to leave?
My 45 year old daughter and her boyfriend both live with me rent-free at my home which I own in Orange County, California. The boyfriend has become more and more of a problem, but he refuses to leave (move out.) They have nearly daily loud fights, he is verbally abusive to my daughter and I, he does not work, he drinks most days and uses drugs often too, and he contributes very little to our household. He has lived here on and off for over a year (with time off mostly when he went to jail.) I know I was foolish to ever let him back into my home, but now I just want him out. He claims he has "squatters rights" and has to be evicted following normal eviction procedures. Is this true? When the police came out last night after he had been causing a scene and yelling, etc., I asked if I should get a restraining order. Is this my best option? (He is 6' 5" tall and muscled.)
What can a landlord do if a tenant refuses to leave after an eviction notice?
That depends on what you mean by “eviction notice.”An eviction notice is issued by a court after a legal process in which the landlord has been awarded possession of the premises.The eviction process is handled by a court and, if necessary, by local law enforcement pursuant to a court order. If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises. There is nothing the landlord needs to do.A landlord cannot issue an eviction notice because only a court has the power to evict someone from their home.But a landlord can issue a “termination notice” or a “notice to vacate” or similar notices to the tenant pursuant to the terms of the lease. If such notices have been properly issued and served, and the tenant refuses to leave, then the landlord must file a dispossession action in the local civil court which, after due process, will result in the court issuing an “eviction notice” as described above.
Can you kick your ex girlfriend out of your house?
Yes, but it may not be that simple.(I will assume that your ex-girlfriend does not wish to leave the house and your are inquiring about your legal ability to have her removed. )If she has established roots at your residence (such as receiving mail there), then it is not as simple a matter of having the police escort her from the property as a trespasser. The police are unlikely to get involved in a situation that looks like a non-criminal domestic dispute.If law enforcement cannot solve the problem for you, and your ex-girlfriend refuses to leave, then you may wish to speak to an attorney. In most cases, you’ll want to send a certified letter to the house guest asking them to leave in 30 days. Even though the guest is not formally a tenant, certain principles of landlord-tenant law may apply. The law typically defaults to a month's notice if no specific term is included in the lease or, as in the case of the hold-over house guest, there is no lease to begin with. Your notice should comply with any statutory requirements of your jurisdiction regarding termination of lease notices, but if possible, you may want ask your ex to tell you where you should deposit her belongings should she fail to vacate by the date specified.This course of action does have some risk, however. Your ex could assert that you wrongfully ousted her and may seek damages to her belongings if they go missing or are harmed after you put them out of the house. If you are concerned about such liability, you may want to go all the way through a tenant eviction. This will obviously be much more costly, but should afford you greater protection from liability. Again, if you decide to take this approach, it may be advisable to hire an experienced landlord-tenant attorney to help you with your case.Good luck!
What are my rights if my girlfriend kicks me out of her house and gets her friends to put all my furniture outside on the lawn?
You must have done quite a few terrible things for your girlfriend to put you out of her house this way. Did you cheat? Did you pay your share? Did you make a positive contribution in the household and in her life? Did you keep your promises? Did you kick her dog?If she put your stuff on the lawn, your girlfriend could not take your presence for a minute longer.Be smart about this. You can wait weeks for a moment in court to see if she did anything wrong, meanwhile it will rain on the stuff left behind after people have carted away your furniture and other stuff. This is the pathetic, ridiculous path and will make strangers in the courthouse laugh at you. They will go home at night and talk about you at the dinner table and everyone will laugh.Or,you could rent a storage locker and a van and make a couple of trips to retrieve your things. This is the smart path. This decision isn’t as funny.If you owe your girlfriend money, pay up.Learn how to be a better adult so this doesn’t happen again.
In North Carolina, if you invite someone to stay at your house without any written contract, is it legal to kick them out at will?
Well, that depends on a number of factors. I don't know specifically about North Carolina's landlord tenant law, and you should talk with a licensed attorney about the specifics. This is based on general property law. If they have been there for a short period of time, most likely the answer will be yes. In most states, you are perfectly legally free to have visitors for reasonable periods of time without adding them to the lease, though states will vary as to what a reasonable period of time is. For the most part, if the person is staying longer than one rent period (usually a month on a residential lease,) then they will probably have to be added to the lease. That would mean to evict the tenant, the landlord would have to go through formal proceedings. If the person has not been added to the lease, then the person has a revocable license to be there with your permission. You can take that back at any time. If they refuse to leave, you can bring a trespass action against that person. There are things that may prevent you from doing so, however. One is estoppel. The person would have to show in court that (1) you promised them a place to stay, (2) that promise was reasonable and they relied reasonably on it, (3) they have substantially changed position (4) to their detriment, like having given up their own apartment, and (5) the only way to avoid injustice would be to enforce the promise you made. It's a pretty uphill battle for them, in other words. Once again, this is based on the majority view of general landlord-tenant law. For specifics, please contact a local bar-certified attorney in North Carolina.Edit: I misread the question a bit. This would apply if you are renting the property you are on. If you are the owner of the property, it would also depend on if you have accepted rent from the person or if they have done something in exchange for living there. Most courts will impose a month-to-month tenancy absent a specific contract to the contrary under those circumstances. If you have not, then you are most likely within your rights to simply have them removed as a trespasser.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
Can I legally put someone out of my house if they've been staying with me?
Unfair though it is, you might now be stuck with giving him official notice to move (probably 30 days), unless he has done something illegal. Just being a loser isn't illegal, and it doesn't sound like you had any formal arrangement on how much he'd pay you to be there. It also doesn't sound like he's done anything like assaulting you. You should consult an attorney about what you need to do - he sounds like the kind of jerk that could end up suing you, and possibly winning, if you don't follow the law very closely when kicking him out. If the law is on his side, then you could end up paying HIM damages if you just change the locks and boot him out. Nobody ever said life is fair. You aren't legally required to do things like feeding him, though. You might want to do something like keep minimal food in the house, then each night just bring home enough for yourself and not share it with him. And if you are paying any of his personal expenses, or buying anything for him, stop. You could call the police and ask, and might get lucky and get someone who actuallly knows the law, but they might not and you could get into problems if you follow their advice. Their function is involved with enforcing laws, not giving legal advice. Good luck.