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Can I be kicked out my house without an eviction notice? I've lived here over 6 months for free and no lease agreement. I was never asked to pay rent. Now they are telling me to vacate the premises.

Can I be kicked out my house without an eviction notice? I've lived here over 6 months for free and no lease agreement. I was never asked to pay rent. Now they are telling me to vacate the premises.Depending on where you live, you are considered an “At-Will” or “month-to-month” tenant because you don’t have a written lease.As such, the landlord needs only give whatever notice is required by law (usually 30 or 60 days) that your tenancy is being terminated. You must move out at the end of that period or be evicted.If the landlord must evict you, future landlords are unlikely to rent to you. So do yourself a favor and leave without any hassle.

I just purchased a duplex with two tenants from the previous landlord, neither paid this month’s rent, what should I do?

Evict them and send them each a “Thank You” card.Taking over a property with tenants in place can be difficult if you are required to respect the length of their fixed term lease. You will probably want to get into both units at the same time to do whatever repairs or upgrades you have in mind, you may want to raise the rent, and of course you will want tenants who meet your requirements. Fortunately for you, both tenants did you a big favor as you can now order them to vacate instead of waiting anywhere from 90 days to two years, and you can work on both units at the same time.Your tenants knew that rent was due, and if by some chance they believed that new ownership meant that they’d get to live for free (not impossible; I had a guy who thought that living in his apartment for several years meant that he was now the legal owner), that’s on them. This is actually an excellent lesson to learn if you are new to this business, because it is a business, and this means that you must evict tenants who do not pay. When you have your rental agreements drawn up you may want to specify a grace period or a schedule of late fees, but you should never delay past that. If you allow late payments until the 3rd, you should issue a notice to vacate (or a notice to pay or vacate) on the 4th. If you’ve made no stipulations for late payment, you issue the notice on the 2nd.This might sound unnecessarily harsh, but evictions take time. The fees to file in court are generally negligible, but your lost income won’t be. You can of course bill them for the unpaid rent and sue them in order to collect, but you lose out on rent during the process while you still need to cover the cost of ownership. The only way to minimize the cost to you is to act immediately, because evicting a tenant for nonpayment can easily take up to two months. Some people would urge you to negotiate or give your tenants an opportunity to pay, and that is an excellent idea as long as you negotiate after you’ve issued the notice.Most states allow you to issue a 3 day notice immediately, telling tenants to pay or leave within three days. If they pay then that ends the proceedings, and there will be no negative consequences to them. You cannot file the paperwork with the court to evict a tenant until the three days are up, but once you do the tenants will receive an eviction notice with a court date. If you accept any payment it will end the process, which is why you should never accept partial payment as you’d then need to issue another notice to vacate and start all over again.It’s a given that the tenants will be evicted unless they can show proof of payment, and being formally evicted will go on their record and make it impossible for them to rent again, so people are usually eager to avoid this. This is another reason not to hesitate, even if you want to negotiate, as you can withdraw your petition to evict if they move out voluntarily and pay in full – just do not stop the process until the keys have been returned, an inspection of the premises conducted, and the money has been received.Evicting tenants can be intimidating, but the courts who handle these disputes are designed to allow both parties to represent themselves. The process is less formal and technical, and if you show up and tell the clerk what you need, she will help you get started. I recommend delivering a brief account of the process at the same time as the notice to vacate, explaining to your tenants how it will be in their best interest to comply. You may want to offer not to sue for the unpaid rent if they comply, but make it clear that suing for eviction or to get a judgment for money owed won’t be a big deal to you.Your tenants will most likely pay or move out, as most prefer to avoid eviction, so if you do want to gain possession as soon as possible you should see if your state allows you to issue an unconditional notice to vacate. This is the ideal solution when you want the tenants to move regardless, and fortunately one that my state allows. If you are happy to let the current tenants stay you can give them the choice between paying and vacating, whether you are legally obligated to do so or not. If they pay the rent you should take care to tell them that late payments will not be accepted in the future, because in some jurisdictions accepting late payments repeatedly will obligate you to do so in the future.Whatever you consider an ideal outcome, you should issue a notice to vacate (or pay) today. There is no downside to this course of action, and no reason for you to feel bad. Your tenants tried to take advantage of you being a new landlord by attempting to steal free housing from you, but they knew when their rent was due and chose not to pay or contact you.

How do I kick my brother out the house? My parents gave it to me and he doesn't want to work.

How do I kick my brother out the house? My parents gave it to me and he doesn't want to work.Your parents “gave” it to you? Whose name is on the deed? If the house is still deeded to your parents, then only they can decide who does or doesn’t live there.Assuming you’ve had the house properly deeded to you, and assuming your brother has lived there at least 30 days since you took legal ownership, he is now an “at-will tenant”, even if he doesn’t pay rent. That means the only way to get him out is through a legal eviction. (If the house is still in Mom and Dad’s name, THEY are the only ones who can do this.)The fastest and easiest way to do this by contacting a landlord services company. There are specific laws, protocols, and timelines that MUST be adhered to very strictly, and the company will make sure everything is done properly. It will cost you a couple hundred dollars (at least, that’s the cost to do it here in Las Vegas), but it’s well worth the money because the company can handle everything for you from start to finish.The laws vary from state-to-state, but this is the general procedure here in Nevada:First, your brother must be served with a “Notice to Vacate”. Here, a non-rent paying, at-will tenant must be given 30 days notice to vacate.At the end of the time, if he hasn’t left, an eviction request is filed in Court. He will be given an opportunity to respond and request a stay if he can prove he’s being unlawfully evicted. This is rarely successful, but it’s a delaying tactic most tenants will use. Note: If you use any harassing methods to try and “convince” him to leave, that CAN work against you here.Once the judge issues the official eviction order, the notice will be posted. Generally, the deadline is about 2 weeks after the order is issued. If he STILL hasn’t left, 24-hours before the deadline, the local Constable/Sheriff/etc will come out and post a “24-hour Notice to Vacate” and notice of lockout on the door, and make arrangements with you to come back the next day and forcibly remove the tenant from the premises. It’s advised that you have a locksmith with you at that time to change the locks to prevent the tenant from returning. It’s also recommended that you have the law enforcement official give the tenant a trespass warning at that time, so it’s in the official records.

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