i need a lawyer to evect some who lives with me

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Someone living with you who does not have an agreement with you, an oral agreement, or a subtenant agreement, is subject to eviction. Those cases put the person under you as a tenant, …

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Jan 25, 2019 ·

Do I need a lawyer for an eviction?

Is it legal to evict someone you live with?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful …

How Does A Landlord Evict A Tenant?

The landlord must provide the tenant with adequate written notice in a specified way and form, which varies by state. If the tenant does not move,...

What Should The Eviction Notice Say?

State laws set out very detailed requirements for landlords who want to end a tenancy. Different types of notices are often required for different...

Can A Landlord Throw The Tenant and His Belongings Out on The Street?

No. The tenant has a few days to move his things and self out of the space. After that, the police can come and forcibly remove the tenant.

What Happens to My Property If The Eviction Occurs When I’M Not Home?

The landlord has a number of options regarding property after the tenant has been evicted. The landlord can retain and store the property for a fee...

What Defenses Does A Tenant Have Against Eviction?

There are a number of defenses a tenant can use to delay or stop an eviction. These include: 1. Warranty of habitability – The landlord has the dut...

Should I Consult A Lawyer About An Eviction?

Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law th...

How to serve a roommate with a summons?

You usually have to fill out a complaint form and a summons form. Serve the roommate with the summons. Proper service requires a private process server, sheriff, or adult with no interest in the proceedings to deliver the hearing notice.

What is the preferred method of service for a court case?

Hand delivery is the preferred method of service, but most courts allow posting the notice and sending it certified mail if that fails. Consult the state and court's service requirements so that the case doesn't get dismissed due to improper service. Bring copies of all evidence with you to the hearing.

What evidence do you bring to an eviction hearing?

Eviction evidence includes copies of rental agreements, rent receipts, proof of lease violation and copies of the written Notice to Vacate. You get a default judgment if the subtenant doesn't show up. Present your side of the case if the renter does arrive. Most eviction hearings are concluded in one hearing. Listen to the judgment, and receive a copy of the eviction order and any money judgment you win.

How to file an eviction complaint?

A court clerk cannot provide you with legal advice, but he will give you all paperwork that the court needs filed to start the eviction proceedings. You usually have to fill out a complaint form and a summons form.

When can a tenant be evicted?

A tenant can be evicted at the end of a lease term. If the subtenant doesn't have a rental agreement with you, most states consider him in a month-to-month lease. Violating a clause of the lease is the last eviction reason. Write a Notice to Vacate and serve it to the subtenant.

Can you evict someone who lives with you?

Evicting a roommate, subtenant or family member can be a tricky situation. In certain situations, you are not allowed to evict; the rest require you to go through a complete legal process of eviction. You may not evict anyone who is listed on the lease with you, unless a clause in the lease allows it.

Can you be dismissed for improper service?

Eviction is a complicated procedure, and cases can be dismissed for improper service or filing. Get a lawyer if you feel the person living with you is going to fight the evi ction. Eviction is a complicated procedure, and cases can be dismissed for improper service or filing.

What to do if you evict a guest?

If you’re a reluctant landlord trying to evict a guest from your house, the first thing you need to do is establish how your state classifies this (now) unwelcome visitor. If he’s considered a tenant or licensee, you as the landlord will need to go through the eviction process.

Who will evict my tenant?

The sheriff or the sheriff’s deputies will evict your tenant. (Note: Memories of eviction proceedings will make future family get-togethers rather awkward.) Since personal feelings are involved, the tenant eviction ordeal can be messy. Here’s how to facilitate eviction and make it less excruciating. Consult a lawyer: The first thing ...

What to do if your tenant breaks the rules?

If you have rules about your guest using recreational substances, spell them out. And if your tenant breaks those rules, give him reasonable time to find a new place. Most jurisdictions don’t like to make people homeless “at the snap of a finger,” Schorr says.

How much does it cost to get evicted?

Eviction can cost $1,000 to $10,000 in legal fees, and sometimes more if the case goes before a jury. “I’ve had one eviction going on for a year and a half. We’ve been fighting like crazy,” Schorr says. Paying for a session or 10 of family counseling will likely cost less money than an eviction.

Can a landlord evict a boarder?

The truth is, most places don’t allow landlords or property managers to instantly evict a boarder, regardless of who he is or what he’s done to deserve eviction, says Zachary D. Schorr, a Los Angeles real estate attorney. If the people you want to evict are considered to be tenants or licensees, Schorr says, a landlord can’t just throw them out ...

Is a visitor a tenant?

In the eyes of the law, your visitor can be classified as a tenant or licensee. In some areas, he’s considered a tenant when he has a lease or pays rent, but in other areas a tenant is simply someone who occupies a space you own (with no lease or exchange of rent money). A person who stays in the home of a “landlord” for an extended period ...

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What to do if tenant is evicted?

If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.

Why would a landlord want to evict a tenant?

There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.

What happens if a tenant wins an eviction hearing?

In contrast, if the tenant wins the hearing, then they will continue to enjoy the right to remain on their property. The judge may also order the landlord to pay the tenant’s legal fees and other damages that the tenant may have suffered due to the eviction action.

What happens if a landlord removes a tenant's personal property?

If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.

How long do you have to leave a house if you are not a tenant?

If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.

When should landlord and tenant come to their own agreement?

This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.

Can evictions be used on commercial buildings?

Although most eviction actions occur between a tenant and a landlord who are associated with a residential property site ( e.g., a home or apartment building), the process can be used to remove tenants from rented commercial buildings as well (e.g., business offices).

What happens if you never pay rent?

If he paid any kind of rent, he is a tenant and you must follow eviction laws. If he never paid any kind or rent, is is merely an occupant and you must follow...

What happens when a guest establishes residency?

Once a guest establishes residency, you have to begin the legal process to remove him.# N#If he paid any kind of rent, he is a tenant and you must follow eviction laws.#N#If he never paid any kind or rent, is is merely an occupant and you must follow...

Can you evict your ex?

From the facts given, it does not appear that your ex has a lease. Therefore, eviction is not the proper process. Instead, you need to eject him. He is your guest, but from the point of view of the police, they have no way of knowing that he is only a guest. You will need to have a court order to eject him. You should contact an attorney to make sure you are filing the correct documents and following all of the court's...

How to evict someone from your house in Texas?

The least stressful way to evict someone from your house is to consider it strictly business, and follow the Texas law to the letter, according to Section 24.001 of Texas property code. This will guarantee that the legal system will be behind you, in case you have any problems accomplishing your goal.

How to avoid eviction?

Avoid these things during an eviction process: 1 Don't accept any rent during the eviction process. It may give your tenant more rights for staying right where they are. 2 Don't take the law into your own hands by changing the locks, putting your tenant's property on the lawn or turning off the utilities 3 Don't mail a notice to quit using the regular post. Always file the notice to quit using certified mail or an official delivery service, so you'll have proof of delivery. 4 Never start eviction proceedings unless you have concrete evidence that the lease has been broken.

What if the roommate was never added to the lease and only the original renter is listed?

If the original tenant is responsible for paying the landlord 100 percent of the rent due every month and their roommate pays their share to the tenant, the tenant is effectively the roommate's landlord. The landlord is not in contract with the roommate; the tenant is, and this is true even if the agreement is oral and not in writing.

What happens if a tenant doesn't move out?

If she doesn't move out by the end of the three days, you can escalate the case into an eviction lawsuit. If you want to terminate the tenancy without cause, you can only do it if the tenant is on a month-to-month lease. In this case, you have to give the tenant a 30-day notice to vacate the property.

How long does a roommate have to move out of a house in Texas?

The sheriff gives the roommate notice of the writ of possession, and they have five days to move out. On the final day, the sheriff enters the premises and removes the roommate and their property. At that time, the landlord can secure the premises by changing the locks. But note that, under Texas law, it is always illegal for the landlord to personally take action to remove the person from the rental unit or to lock them out until the sheriff has executed the writ of possession.

Can a landlord evict a roommate?

Just like the original tenant can ask the roommate to make changes, they can ask the landlord to evict. But if the landlord declines , the original tenant cannot take any legal action to get the roommate out.

Can you evict someone without cause?

They're all about the landlord's plans for the property. If you want to sell the building and your buyer wants it empty, if you want to completely rehab the interior or if you want to recover the property to allow a relative to live there, you might be able to take advantage of an eviction without cause.

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