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yep, it takes a lot of time, often 90 days or more, and if the tenant pays any rent in that time, the process starts over.
That's worse than I thought. What about month to month leases where a tenant doesn't want to leave? To me, it would be violating. I couldn't imagine having some filthy arse in my home against my will.
It's useless to tell me what SHOULD have happened--I'm telling you what DID. Two different things.
apparently you dont read too well, there are lawyers that work on a contingency fee basis, and lawyers that do pro bono work. get out and find one of them to help you.
What must suck for some landlords is getting stuck with a renter for months on end who doesn't pay rent. I hear eviction takes some time.
When you have a valid lease, it can take a little bit of time but not too much, as long as the default is in relation to nonpayment of rent. Depends on the state. From what I understand (in FL), you have to serve a three-day notice first, then file for eviction with the courts. A process server or sheriff has to serve the tenant. If the tenant does not respond within five days, the court issues a writ for possession of the property by the landlord. This must be served by the sheriff and gives 24 hours' notice for the tenant to get out. This is how I understand it, I'm no lawyer but I do have a rental property so I try to keep up with the laws. I have not have a problem so far, so if you are wary of renting out your in-law apartment, my advice is to screen your tenant good, have them sign a lease that protects you as the landlord and stay aware of what's going on and any applicable laws. In the case of the house being sold, I believe the laws are quite different and the tenant has to be given at least a month's notice if the lease is year-to-year. Here's one excerpt: Florida Eviction Process | Access Evictions.com
Quote:
The termination of tenancies for reasons other than rent the notice period varies. For breaches of the lease other than payment of rent the landlord must serve a seven day notice to comply or vacate. To end a periodic tenancy at the end of the period the notice requirements depend on the length of the term. If the tenancy is from year to year the landlord must give not less than 3 months’ notice prior to the end of any annual period; for a tenancy fom quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter; for a month to month tenancy, by giving not less than 15 days’ notice prior to the end of any monthly period; and for a tenancy that is from week to week, the landlord must give not less than 7 days’ notice prior to the end of any weekly period.
This is how I understand it, I'm no lawyer but I do have a rental property so I try to keep up with the laws. I have not have a problem so far, so if you are wary of renting out your in-law apartment, my advice is to screen your tenant good, have them sign a lease that protects you as the landlord and stay aware of what's going on and any applicable laws.
Thanks for the advice. What did you do to screen your tenant? I'm figuring a job check, a criminal check, and maybe a credit report? Did you charge them for that as well? I'm in MA, btw, so I don't know the laws here yet.
eta: I've also considered opening my home to families in need in the past. My dh certainly didn't like that idea and I wonder if I could get stuck there as well.
Hey, face it, tenants have no rights. You got no money, you got no power.
As others have said, this is not true.
Quote:
Originally Posted by Chuckity
Again, completely untrue.
Landlord/tenant court is extremely user friendly for the tenant. In fact, in every state there are avenues & legal aid groups that help tenants FOR FREE.
Years ago my mom and I rented a house and signed a year's lease. A month later a couple showed up and wanted to see the house they "just bought and were moving into on the first of the next month". I did not let them in and I called the realtor and asked what was going on. I was told the house WAS sold and the new owners wanted to move in. I asked about our year's lease and was told, "A new lease is in the mail."
The new lease had 'one year' whited out and 'month to month' written in.
I KNEW this was wrong and I took both leases to the nearest court house and actually talked to the judge. He told me I had a strong case and would win in court. However, he suggested I write to the realtor with a few 'demands' which I did: we would move IF: another house of comparable size and cost was found; we would NOT be required to pay last and deposit - in fact we'd just transfer those already paid to the new place and pay regular monthly rent on the 1st; ALL utility transfers would be paid by the realtor (this included the current charges and those to incur with the move); pay the TOTAL cost of moving us - including renting the truck and paying for help.
I sent the letter 'registered' and heard back from them the day it arrived. They agreed to every one of my 'demands' and we willingly moved.
It cost me the price of a registered letter and that is all.
I researched landlord/tenant laws in AZ and knew exactly what I was doing.
I researched landlord/tenant laws in OR and have already had to do battle with my current landlord. I know my rights as a tenant and I stand by them.
I have the power! I have no money.
There were people that were homeless before the 80s. But homelessness didn't become a widespread problem in America, until the 80s.
I only became a POLITICAL PROBLEM because the liberals wanted to have something to attack Reagan with.
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In the case of the house being sold, I believe the laws are quite different and the tenant has to be given at least a month's notice if the lease is year-to-year. Here's one excerpt: 
I did not let them in and I called the realtor and asked what was going on. I was told the house WAS sold and the new owners wanted to move in. I asked about our year's lease and was told, "A new lease is in the mail." 
