Eviction is a process that includes legal and nonlegal methods. While in some cases it can be avoided, in most cases it is the best solution to removing a person from your home.
In most cases, a person who is unable to pay their bill can stay in your home for as long as they can afford to. If you see them making little efforts to pay their bill, make note of that.
If they cannot or will not move out but continue to violation their contract, you may now have legal means of removing them. Contact a lawyer who specializes in landlord-tenant law to help you do this.
This article will focus on illegal people such as squatters or people with little housing security who refuse re-inspection or eviction. We will talk about ways to give someone the legally required notice and time to leave before we introduce the eviction process.
Contents:
Document everything
Even if you don’t think your home is at risk of being squatted on or occupied, it is important to document everything that happens inside your home. Whether it is a phone call or a visit from the police, community services, or members of the housing community, they can request this information in order to help make a case against someone who has no legal right to your property.
The same principle applies when individuals or organizations request information during a “well-being check” or “family check-in”. You do not want to be left with any memories of what was said and done and have no proof of anything when someone comes to evict you.
To help prevent this kind of memory loss, it is important to write down all the things that were said and done during the “well-being check” and during the “family check-in”. It does not have to be detailed writing, but having these kinds of records can help fend off accusations of lying or forgetting something later.
Prepare your case
Before you can begin preparing your case, you must have the facts behind an eviction underway. The general rule is that if a person is in your home for more than a month of consistent residence, then they are considered the owner and have legal rights to the property.
However, there are circumstances where the person does not own the property and that person has failed to remove themselves from the premises in accordance with that ownership. This is called a co-owneraged property.
Co-owners cannot be forced out without a fair and legal plan. If there has been no removal of occupants or attempts at preparation, then it is time to start looking for signs of occupation or preparations to be removed.
If you see any new belongings being kept, chances are someone is preparing their claim to the premises. Try asking them who owns them and why they would want to live there.
Find out if you need a lawsuit
A lawsuit against the property owner to get them to remove someone from your home is the most effective way to evict a clothing- and- shelter-seeking person from your home.
Without a lawsuit, you would have to call law enforcement to get the person removed. Also, if you need help with this process, contact local legal services or even the Department of Justice’s Legal Services Program at (800) 590-6220.
Find out what rights you have as an individual homeowner against someone who is becoming a nuisance and needs to be removed. For example, could you use reasonable force if they refuse to leave your home? Could you receive a lawsuit against them if they did not leave but caused damages?
These people are always looking for places to live and continue coming because they are protected under the U.S. Constitution due to their right to seek protection under the law.
Give written notice
In the case of a larger property, you may give more notice before forcibly removing theσ an adjoining owner or owners can come to help your tenant. This is a good practice to have in place, as it can be difficult to evict a tenant who comes to help another person or property during your eviction.
In the case of a residential property, two days is enough time to give proper notice. If the tenant hasn’t moved by then, then you can start removing possessions from the home.
Remember, if you give too much notice, you could be forced to court and spend some money and time trying to get this eviction done. Once that happens, your tenant may decide to leave because they were put in an unpleasant situation and wanted to get out.
Try asking them to leave
If the displacer doesn’t leave, you can try asking the local authorities to force them out. If the local authorities can’t get rid of them, you can try trying calling a sheriff’s office to help.
If the local authorities cannot remove the displaced person, you can try contacting a neighborhood watch organization or housing developer to see if they will help remove them.
If both parties agree that it is time to end the relationship, then it is time to try calling a sheriff’s office. If the sheriff can’t evict them, then he may ask another party involved in your home-sweet home-sweet eviction (i.e., a neighbor or housing development) to help him out.
If neither party cooperates and the displaced person starts causing problems in their new surroundings, then they may consider moving out. It is also best to speak with an expert before doing so though.
Use a police report
If your home is being used without permission, you may need to contact the authorities. For example, if a group of people are staying in your home but not paying rent, then the authorities can send them away with the aid of a police report.
However, if there is no evidence that someone is living in your home but not paying their bills or renting it out, you still have a right to remove someone from your property without contacting the authorities.
Using a report can be costly and time consuming. It would be better to find another solution such as removing someone from your home or using an eviction process than to spend money to report an issue.
However, before you can use any of these reports for your benefit, you first have to go through the proper procedures for removing people from property.
There are several ways of evicting squatters from private property, including using police reports or court orders, combined with preparing an appropriate “Notice To Quit” (“NRT”) or “Eviction Order” (“EO”). Each has its own set of requirements and consequences.
Get a court order
If the evicted person has seriously damaged your property, or is engaging in illegal behavior, then you can get a court order to remove them from your home.
This may be necessary if the person has ignored court orders and/or refused to leave your property. In that case, you can go through this process to get them out of your home.
The person must also meet the legal requirements to evict someone using a court order, and there are specific dates when it must be served. The person who wants to get rid of people must take out an application, meet certain requirements, and receive a court order before anything can be done to expel them.
Then there is the problem of getting new people into your home- whether it is through open or closed doors or windows.
Evict them using a professional service
While it is great to be able to help the people inside your home when they are in need of shelter, it is even better to be able to help them at a later date through a service such as Realty Executives’ Realty Run program.
Some people who find it difficult to get rid of squatters or people without an address do this through legal remedies. This is called legal squatting or illegal homelessness.
If you are able to use a realtor’s services, you can access many different squatting services at one time. Some use legal squatting tools such as lease transfers and door-to-door notices, others just send the person a letter explaining their needs and requesting they move out.
Be honest about the situation and what you want from this person. If they cannot provide that, then it is time for a new person with more experience to help you.