ANSWERS: 5
  • Been there... had to deal with that. If their name is on no bills, not on the lease, etc, yes. You can kick them out. They have no right or claim to the property so no real right to be there.
  • Thanks Elfie, but I had a sheriff tell me unless I give them a written notice telling them to leave within 30 days they have every right staying in my house and I can do nothing to stop them even though they have not paid me anything. If they don't get out in 30 days then I have to go to court which could take longer. I was told by the sheriff that I could go to jail if I tried putting their stuff outside. I am worried they will destroy my house while I am working. I was hoping there was a loophole that could get them to leave where I wouldn't be the one going to jail.
  • in this country wales if they claim possession of the room they are staying in they have 9-10th of the law to stay there
  • Writ of Eviction. Once its served, the party has 30 days to leave. If not, their possessions will be set on the street. Does this person have clothing at your house? Does this person receive mail at your house? If so, you must seek a Writ of Eviction.
  • Yes, however only if the facts are as you say they are. First, lets dispose of some erroneous answers. The fact that you receive mail at a residence or your stuff is at a residence does not make you a tenant. Anyone can tell another person to send mail to them at someone else's residence, and almost all house guests will store property at the residence in which they are guest at. The only people who must be evicted through the courts are tenants. Tenants are people who have entered into a business arrangement that includes consideration in exchange for the right to stay on a property. If a person is only a guest, you can kick them out at any time. However, you do not have to have a fee arrangement in currency to be a tenant. For example, a person who you let live on your property in exchange for watching your kids or painting a room is a tenant, even though they pay no rent with currency. Of course, here is where the confusion comes in. If your house guest calls the cops and claims to be a tenant, and says you locked them out of the house, the cop is then put into the possession to determine if a crime has likely occurred. If the person is a tenant, then they have a legal right to enter the property. So how does a cop determine this? Well, the cop will look for evidence that a tenancy exists. These include: is furniture stored at the house, do you pay bills of the house, do you receive mail at the house, etc.

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