How do I evict someone who paid rent, but has violated the contract on many terms? 5 Answers as of February 14, 2014

So, I have a 19 year old boy who lives in my house that my parents own but are renting out to me and other housemates, for about a year. He has constantly been trying to dive into my life by telling me how I should handle my job, how to handle people, and saying that I can't have my boyfriend over. He's part of some weird religion that he's been trying to get myself and other roommates to join. Everyone has complained. This guy has been obsessed with my life for the past year. My mom said that it'll take two months for him to move out because she needs to give him a "cure or quit notice" then after that she would give him the "30 day notice". The thing is, of course right after the "cure or quit" duration of time is over he’s just going to jump right back into telling me how I should live my life. I need help.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Mom is right. However after notice is given you can evict him without cause so his better behavior doesn't help him.
Answer Applies to: New York
Replied: 2/14/2014
Casler Law Offices PLLC
Casler Law Offices PLLC | Carlton C. Casler
I am assuming that the tenant (the 19 year old boy) signed a "fixed-term" lease, rather than a month-to-month lease. If the latter, you don't need a reason to terminate tenancy (merely give a 30-Day Notice of Termination), whereas in the former the tenant must commit some type of breach before you can terminate his tenancy before the end of his fixed-term lease. Read through the lease to see if he has committed some type of breach. If he has, then give him a 10-Day Notice of Material Noncompliance. If he has committed a breach that relates to "health and safety," then give him a 5-Day Notice for Noncompliance Materially Affecting Health and Safety. If you are unsure whether to issue a 5-Day Notice or a 10-Day Notice, then issue the 10-Day Notice. If the tenant has not committed a breach, but is "harassing" you, you could get an Injunction Against Harassment (forms available from an Arizona justice court).
Answer Applies to: Arizona
Replied: 2/14/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Your mom has it right. You just need to put up until he can be forced out.
Answer Applies to: Idaho
Replied: 2/13/2014
Law Offices of George H. Shers | George H. Shers
If he is on a month to month tenancy then he need only be given a one month notice that the tenancy will not be renewed. No reason need be stated. You do not list any way in which he is violating the lease except perhaps interfering with the peaceful enjoyment of the premises. He can be given a thirty day notice for breach of the contract, if there is a breach, without being given a three day notice, and thus time to cure the defect..
Answer Applies to: California
Replied: 2/13/2014
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
Unfortunately you, as a co-tenant, have no eviction rights. Only the landlord can evict someone for very specific reasons such as not paying the rent, violating a rule or regulation, or for not vacating after having been issued a 20-day notice to terminate. If your parents don't want this person living at the property and there is either no lease, or the lease has expired, they can give him a 20-day notice to terminate. If he doesn't leave at the end of the 20-day period, which is 20-days before the end of a given rental period, then they can seek an eviction. Co-tenants cannot, though you do have the option of providing your own 20-day notice to terminate and move out.
Answer Applies to: Washington
Replied: 2/13/2014
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