Landlord Question and Answer Forum

Good Morning.... i just need to know, i have family that's is living in my house... i would like them out... i gave them 2 month's rent free and now they are telling me that they are not leaving.... i need to know how to go about this... it's really bad and i need help now... thank you..

Every state has diferent tenant laws , what is the reason? You might want to contact a Lawyer about landlord tenant. You have to have a reason for eviction , is it non payment , or moving in someone or sick of the business all reasons are different , non payment is in some states 14 day notice. sick of the business 30 day notice, everything has to be in writing, it depends on your state tenant laws

Posted by Donald G, MA on Saturday, February 27, 2010

In California if you are looking to terminate (end) a month-to-month tenancy...you can do so by properly serving a written 30, 60 or 90-day notice on the tenant. Generally, a 30 or 60 day notice doesn't have to state the landlord's reason for ending the tenancy. BUT if you are looking to evict for cause then a 3-day Notice is needed. A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following: Failed to pay the rent. Violated any provision of the lease or rental agreement. Materially damaged the rental property ("committed waste"). Substantially interfered with other tenants ("committed a nuisance"). Used the rental property for an unlawful purpose, such as selling illegal drugs. THIS IS ALL ASSUMING that they are NOT living in the same house with you.

Posted by Donna , NC on Sunday, February 28, 2010

Hi Christine...The following assumes they are on a month-to-month. A LL must give 60 days written notice that the tenancy will end if tenant(s) have lived in the unit for a year or more. If less than 12 months, 30 day Notice will work. Notice can be served anytime. You don't have to wait until the 1st of the month. If you want them out, don't serve a 3 Day Notice. This type of Notice is used to rectify problems, such as non payment of rent or breach of contract. If problem is rectified, you can't evict them. I would send them a Certified mail, return receipt. You will need this should you go to court. You're probably looking at a 2-3 month process - 30 day notice wait, getting a court date, etc. If "things are really bad".... to get them out sooner, you may want to offer to help pay for their moving cost and/or rent deposit elsewhere. Yes, it's costly.....but how important is it to you to have them removed ASAP? Keep us posted.

Posted by Stan M, CA on Tuesday, March 2, 2010