QUESTION
How do you make someone move out of the basement since they’ve been there for over a year and doesn't pay rent and has been told to move verbally?
Asked on Feb 08th, 2013 on Landlord and Tenant Law - North Carolina
10 ANSWERS
Do a 5-Day Notice to Pay Rent or Quit Premises. You can get a form on the Clark County Justice Court website, and follow the instructions. If they don't respond, you then evict them following the instructions.
Answered on Feb 12th, 2013 at 7:30 PM
You do not state whether this person is a family member or a tenant that you have a rental agreement with. However, either way, you best bet is to send them a Demand for Possession. This can be done for non-payment of rent, or just to terminate the tenancy. If they don't move after they receive this, you will have to file a complaint in your District Court to obtain a Judgment of Possession. If they don't move then, you have to apply to the Court for a Writ of Eviction and have them physically removed from the property. Best of luck with all of this.
Answered on Feb 12th, 2013 at 7:22 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
Is there a written lease/rental agreement with this person. If so, serve the person with a 3-Day Eviction notice. If no, call the police and report the person as a trespasser.
Answered on Feb 11th, 2013 at 8:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You file an eviction action. First, give them a letter telling them they have 30 days to move, then start the eviction action. When you prevail on that, he will need to be served with a 3-day notice to quit. After that, the sheriff can go in and remove his things.
Answered on Feb 11th, 2013 at 7:53 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You would have to treat as an eviction, if a lease is assumed.
Answered on Feb 11th, 2013 at 6:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details but generally, he is a squatter.
Answered on Feb 10th, 2013 at 11:59 PM
Serve them a 3-day notice and begin the eviction process.
Answered on Feb 10th, 2013 at 11:33 PM
Lisa Hurtado McDonnell
Give him a three notice to vacate. If he does not move you can do a self eviction if you live in Utah on the court's self help website.
Answered on Feb 10th, 2013 at 8:56 PM
If someone is renting a basement room, and not a separate basement apartment then in California it is likely they will be considered a "lodger" versus a tenant. You will want to review California Civil Code section 1946.5 which will tell you what type of notice you should give and how to have the lodger removed. If this is not a "lodger" situation but a tenant, then you will want to give a three day pay or quit. Upon the expiration of the 3 day pay or quit then you will start the unlawful detainer process. Good luck!
Answered on Feb 10th, 2013 at 8:38 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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File for eviction in Small claims court.
Answered on Feb 10th, 2013 at 6:30 PM