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Hello,
I have been living at my current residence for almost a year. My girlfriend and i wanted a roomate to help us with bills.So her dad needed a place.So we offered him a room.This past few weeks almost 2 months, he has complained bout how he has to pay his isde of the bills.So he told us, he is not paying them and so we decited that we want him evicted. But we dont know how much this is going to cost. I need help with how do i get a FREE eviction notice without going to court.Is there anyone who knows what to do or that can help us?
Did you explained your intent was for him to help pay the bills when you invited him to stay with you? Tell him as he no longer wants to help he will have to leave. Call the Police if he refuses.
This varies State to State, but generally speaking if he is not and has never been on the lease he has no legal right to stay and you can tell him to leave. If he refuses you can call the police and have him arrested for trespassing.
I would write him a letter, signed by both of you, stating that he has to choose to either help with bills or find a new place to live, and give him ten days. That would be more than fair. Also put in the letter that him helping with bills in no way constitutes a lease agreement.
Depending on your relationship with your landlord and how your signed lease is worded, your landlord might be able to help you evict him as well. Many leases specifically forbid anyone who is not on the lease to live in the property except newborn or adopted children.
There is no eviction process there..he is not on the lease nor has ever been on the lease..therefore the people that ARE on the lease have to decide if he stays or goes, if you both agree he has to leave then he has no choice in the matter he must leave. If he refuses to leave the premesis simply call the local law enforcement and have him removed..simple as that no matter what State you live in its the same.
Unless you're sure the landlord knows he's there and won't care, I wouldn't get the LL involved. Having an extra tenant is often a breach of the lease, and could get you all evicted.
I'm not sure I agree with some of the comments here - you can have an oral lease in my state (which of course doesn't name anyone as a tenant), and if that were the case you couldn't simply call the police and have them remove the tenant for trespassing. You still need to go to court and get an eviction order. In this case, this could be treated like a sublease, and if Dad tells the cops that he's been paying rent they may decline to force him to leave.
I'd write the letter and give him a reasonable time to get out.
Has he stopped paying rent? Give him 30 days written notice NOW if you want to be nice. If you don't want to be so nice, give him 7 days written notice NOW. In both scenarios, both of you should sign the letter and he should sign to acknowledge receipt of it. By signing acknowledgement of receipt he's not agreeing to what's been written, is simply acknowledging receipt. Have someone else present when you give him the letter in case he refuses to sign, in which case your witness can testify that he was given the letter. He has no lease with you, at this point by refusing to contribute is an unwanted guest and you have every right to oust him. Law enforcement will back you up on this one.
Tough call when family is involved. It would seem to be that you and your girlfriend should put up a united front and tell him he needs to find other arrangements. Going through a whole eviction process could cause problems for years to come. If you guys ever have kids....he'll be the grandfather of your children. So, think about the end result before doing something you may regret later.
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