How do I kick someone out of my home that's not on the lease? 18 Answers as of September 04, 2012

How do I kick someone out of my house that is not on the lease. They moved in with me several years ago, but I do not want them living there anymore. How do I go about doing this legally?

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Fidelity National Title Insurance Company
Fidelity National Title Insurance Company | Andrew Capelli
If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to legally remove that person from your home. Good luck!
Answer Applies to: Michigan
Replied: 9/4/2012
Casler Law Offices PLLC | Carl Casler
If the person has been paying you rent, then give them a 30-Day Notice of Termination. If they have not been paying you rent (or some other type of consideration, such as buying groceries or paying the utilities), then they are a "tenant at will." Serve them with a 5-Day Demand for Possession. If they do not leave, then on the sixth day file an eviction action.
Answer Applies to: Arizona
Replied: 8/22/2012
Gary L. Platt, Attorney at Law | Gary Platt
Even if this person (or persons) has no lease agreement, you can evict him or her (or them) using the regular eviction process. You should retain an attorney for this purpose if you don't know exactly what to do.
Answer Applies to: California
Replied: 8/22/2012
Victor Varga | Victor Varga
Are you the owner of the house? If so, you have to treat them like a tenant by providing them with 30 days written notice to vacate, and then take them to court for Tenant Holding Over. If you are the Tenant as well, talk with the Landlord, who can do the same thing.
Answer Applies to: Maryland
Replied: 8/22/2012
Law Office of Gregory Crain | Gregory Crain
Give them an eviction notice.
Answer Applies to: Arkansas
Replied: 8/22/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    They are guests, manup and throw them out. If you need the sheriff to help call them. Be sure to change all locks on doors and be ready for harassment. If they take you to court have your lease with you.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You give them a notice to quit.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Behren Law Firm
    Behren Law Firm | Scott Behren
    You can file a lawsuit for ejectment.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Sultan Law Office | Gregory Sultan
    If they never paid rent, taxes or utilities, then you ask them to leave and if they don't you wait till they are not their and start putting their stuff in the yard. Let them and the police know what you did and change the locks. If they did pay rent or other costs, then ask the police what you can do. Were I live you may have to file a court action to evict or if you are in fear of something they may do get an order of protection.
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Gordon F. Gault PC | Gordon F Gault
    You would have to give the person a thirty day notice on the day they pay rent. After that you would need to file an eviction lawsuit.
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    You could serve on them a 30 day notice to quit. If they did not move within the 30 days, you would have to start an eviction proceeding.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    You'll need to serve them with a 15 day notice to vacate and then proceed through the normal eviction process if they do not leave at that point. Online assistance preparing the pleadings you'll need can be found at www.utcourts.gov/OCAP.
    Answer Applies to: Utah
    Replied: 8/22/2012
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    You will need to follow the Summary Procedures statute (and court rule) - you must send them a "notice to quit - termination of tenancy" - and give an equivalent amount of notice to the rental pay period (usually 30 days/1Month). If they don't move out, you would file an action in District Court to remove them.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Poole & Poole, P.A. | Wesley R. Poole
    You must file an eviction action.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Evict him or her in housing court.
    Answer Applies to: New York
    Replied: 8/22/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    Serve them a notice to quit, file a complaint for possession/damages, obtain a judgment for possession/damages, then file a writ of eviction. Do this with the appropriate time table.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Alan Smith | Alan Smith
    File an action for unlawful detainer.
    Answer Applies to: Florida
    Replied: 8/22/2012
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