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eviction notice...

Posted by on Nov. 9, 2011 at 8:48 PM
  • 18 Replies
To make a long story short, I am buying a mobile home but I have a family member who actually lives in the home. They don't make their rent on time and sometimes its a couple months past due. We do not have a contract drawn up or anything. They just needed a place at the time and I couldn't afford to make the payments on this home plus the one I live in too. My question is what can I do? I think that I want to move back in the home myself, but first I have to get them out. Any advice? Thanks.
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by on Nov. 9, 2011 at 8:48 PM
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Replies (1-10):
mynameismuerte
by on Nov. 9, 2011 at 8:57 PM

No lease? Is the person willing to move? Look up the eviction laws in your state and follow them TO THE LETTER.  Be ready to pay because eviction isn't always cheap.

michele82908
by on Nov. 9, 2011 at 9:10 PM
No, there was no contract. Just a verbal agreement. The people r family and the last two places they lived they didn't pay their rent on time.
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CuteandCurvy
by on Nov. 9, 2011 at 9:15 PM

Depending on the state, and if they recieve mail to that address they can claim squatters rights, which would mean a long drawn out court proccess, if they wanted things to get ugly. Otherwise you can just tell them you need them to either cough up the rent or they have 30 days to move out because you cannot afford both places.

suziq1982
by on Nov. 9, 2011 at 9:18 PM

I would talk to the family first see if they can pay rent on time every time. If you need them out tell them you are planning on moving back in. Give them time to find another place. Follow the eviction laws if they do not work it out with you.

hargonagain
by on Nov. 9, 2011 at 9:24 PM
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Give them a 30 day notice.  If they don't move, give them a 3 day notice if they still don't move, get ready for  a very costly and long legal battle to begin. 

Katt709
by Bronze Member on Nov. 9, 2011 at 9:49 PM
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If you want them out then give them 30 days written notice that they need to move. Make sure you have proof that you gave notice - send the notice through us mail, registered with return receipt requested and have it so they have to sign for it. Then if they don't leave you'll have to start eviction process.
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12socks
by on Nov. 9, 2011 at 9:50 PM

Look up your states laws on "renters" and evictions.  There is a way to find out how to handle it legally.

Since they are family and there is no contract, this will be a bit more difficult than if you had a signed lease and such.  If you have kept records of payments made and dates (like checks and receipts), then this will help make your case to the court.

Start by talking to them first.  While talking to them, have a written notice ready to give to them.  Typical is 30 days, however, you can request a lesser amount of time.  If/When you file with the court, it will most likely be the 30 day rule because that is general in most all states.

offrdngal
by Gold Member on Nov. 9, 2011 at 9:55 PM

 Depending on what your state's laws are, since you don't have a written agreement, they are on a month to month basis.  This means that you can give them 30 days notice to vacate (letter sent certified).  If they don't vacate within those 30 days, then you will have to go through the eviction process.  Call an attorney or go to your town/city hall and find out what the law is in your state.

owensmom34
by on Nov. 9, 2011 at 10:24 PM

I would talk to them first and then give them a notice.

sweetsurprise13
by on Nov. 9, 2011 at 11:01 PM
It sounds like you got some great advice above and that is what i would do. Talk to them and do written notice and then eviction process. Good luck.
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