ANSWERS: 9
  • You can give it to them. If it will stand up in a court of law is a seperate question.
  • With nothing written down, you can't prove they owe you any money, but neither can they prove they have a right to be on your property. You don't have to give them any notice, but as a courtesy give them a reasonable time to be out, and have law enforcement remove them as trespassers if necessary. Personal opinion from a non-attorney.
  • yes you can i wouldve gotten a written statement from them in the beginning since there was no lease. you can kick them out but a 30 day notice is probably required by law because there was no lease.
  • Good luck and get the law involved ASAP! They are squatting and it can take a long LONG time to toss them out. It took us almost a year to toss squatters out once in FL.
  • You can give them an eviction notice. This does not always work.....sometime people refuse to leave and it ends up in court. It can be a long drawn out process.
  • You can give them the boot, but legally since there was nothing in writing the tenant can claim they don't owe you any money and your claim that they do may or may not stand up in court. A lot of these judges try to make law from the bench, a practice for which they should be disbarred, but it will likely depend on the mood of the judge you get.
  • you have been taken advantage of.....if there is no written contract, and you own the property, you can have them removed......i am suprised that you did not get the police involved 2 months after the fact....you do not need to give them 30 days notice, because there was no lease......they won't be able to take you to court, because there is nothing on paper.......they are basically trespassing......i would suggest to draw up a lease next time, and have a lawyer look at it before you decide to let people move into your property.....let me know how this turns out, please.....take care....Brian.....
  • As others have said, nothing on paper so you are not governed by any landlord/tenant agreement. I would give them a notice with a specific date i.e. locks to the partment will be changed next Thursday September 17, 2009 and any belongings remaining in the space you are using will be forfeited to pay for back rent. They will have no recourse and they can't say they weren't warned.
  • Wow...sorry, but WHAT WERE YOU THINKING HERE? YIKES! Laws do sometimes differ from State to State. Some will give a verbal agreement SOME CONSIDERATION in a case like this, because it is rather believed that you would not rent your property without SOME sort of desire for compensation of some type. Financial, or Caretaking. If Caretaking and IMPROVEMENTS were the agreed upon exchange for Tenancy...then the court would expect the Tenant to prove that such was the case, ideally with receipts for materials and photographs of improvements they have done. However, be aware, that if you have need to file a law suit against them...the BURDEN OF PROOF...IS ON THE ONE FILING THE LAW SUIT. I suppose it is too much to hope for that you have any reasonable sort of PAPER TRAIL of correspondence that would support your claims that they OWE YOU a particular amount, you have requested payment of the amount...anything in writing at all???? If not...START NOW! Write/type/print out A LETTER that outlines your verbal agreement, names NUMBERS as to what they owe, and when each payment SHOULD HAVE BEEN received. (In addition to any other agreed upon points) Mail this Certified, Return Receipt Requested so that they MUST sign for it...to either the house, or their place of business...where they work. In your letter TELL THEM...that if all funds are not PAID IN FULL within 10 BUSINESS DAYS, by Certified Check...you WILL BEGIN THE EVICTION PROCESS. If you do not receive the money....send a second letter, informing them to GET OUT. At the same time, go to your court house and find out about filing a 3-DAY OR QUIT NOTICE against them. Usually, this paper can either be served to them by a Marshall (you pay a fee for that) OR anyone over the age of 18, who is NOT a party to the case. Be aware, that if you want a friend to serve them, the friend must fill out (pick up at the court house or type your own, if allowed) a PROOF OF SERVICE paper, that you will THEN file with the court. PROOF OF SERVICE lists who is being served, (the deadbeat tenant) who performed the service, where the service took place (work/the property the exact address) the day, date and time of the service. The "benefit" to using a private person/friend to provide service is that.... 1. The deadbeat may be aware that SOMETHING will be coming their way regarding their actions...Someone showing up in a uniform...is a dead giveaway. 2. The Marshall gets paid to TRY and make delivery, weather they are successful or not, they've been paid. 3. As a rule, the Marshall is only going to try so many times to make service. They only have so much time allowed in their overall schedule to try and get YOUR job done. 4. A friend can go, hang out, wait as long as they are willing to do...until the job is done! 5. A friend, looks like anyone on the street. It is EASY for them to appear non-threatening. 6. A friend, can be CREATIVE in getting the tenant to TAKE THE PAPER! As long as THE PAPER LEAVES THE HAND OF THE SERVER...AND IS TAKEN BY THE DEFENDANT..AND THEN THE SERVER ANNOUNCES..."You have been served a NOTICE to attend court." (Have a nice day!) then the job has been done! (once they then fill out the Proof Of Service and deliver it to the court to go in the file!) I have delivered service by walking into a bank with a balloon, and flowers...holding a "card" as a special delivery for a defendant on their BIRTHDAY...they had ducked service for almost two months...of course they took the balloon, flowers and "card!" I was smiling, and wished them a happy birthday, as I handed them their "goodies." The paperwork, was, of course, IN the card too! The card said SURPRISE on the outside...a nice touch I thought! <wink> Another guy I managed to nail once...had been ducking for almost six months...I wore a somewhat short dress, and carried a pile of folders, with assorted "trash" paper work in them....OOPS I tripped, and dropped everything right in front of them...oh clumsy me! He helped me pick it up; and I made sure THE envelope was right next to his reach...with his name on it...and when he tried to hand it back to me...I just said..."that's not mine, I think it must be yours!" He looked confused, opened it...and I told him he had been SERVED. Someone like a friend may do your service for free, an outside agency or freelance service will expect to be paid for their time...and in the last case I mentioned I also received BOTH PAYMENT AND COSTS as I had to travel about 4 hours round trip to reach the defendant..but they considered it worth it, because I was successful! I would STRONGLY urge you to speak to an attorney who specializes in Real Estate and Property law in YOUR AREA/LOCATION. They will be familiar with the exact laws for your state and county and as a rule, an Attorney WILL give you about 20 to 30 minutes some more, FOR FREE....after all, they want to know if you have a case that they can earn money off of. You can also try and locate either a Landlord Advocate or a Landlord/Tenant Hotline to speak to someone...most usually for FREE. Get started today on creating a paper trail!

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