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11-10-2010, 09:17 AM
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3 posts, read 4,869 times
Reputation: 12
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Hi, we rented a guesthouse over a month ago to a couple. From the beginning they lied to us about pets and employment. On October 14th we gave them one month to move. A week ago, one of them said they had found a place and would be moving in 2 weeks. Things went from bad to worse and their deposit was offered early for them to leave asap. 2 days ago, the man's wife comes over and says they have found a place and need the deposit to make the deposit at the other place they found. She said they would be leaving in 2 days. Today is the day they should have been gone, but there hasn't been any moving at all, so they lied about finding a place too. They have not given us any money for the month of November and their deposit was returned, so they are living on our property for free! They didn't sign a lease or rent agreement. All they signed was a paper that stated they had no rights to this property. What can we do to get them out of here asap? Help us please. Thank you.
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11-10-2010, 09:48 AM
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Location: Salem, OR
15,284 posts, read 38,414,254 times
Reputation: 16637
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You need to go through the eviction process. Here the sheriff does that so you can call and ask what your local procedure is.
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11-10-2010, 10:28 AM
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1,831 posts, read 4,265,393 times
Reputation: 1253
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If there is no signed lease agreement, you may be able to get someone to go in there and take their things out. But first, research the laws in your area. Make sure there are no laws about a tenancy being created despite the absence of a lease. Also, find out what the legal advance notice is, and if you gave proper notice, you then need to provide an eviction letter at the end of that notice period. Good luck.
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11-10-2010, 12:10 PM
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3,398 posts, read 4,910,639 times
Reputation: 2421
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I have a guest house that from time to time someone asks to rent. I am really glad now that I have always said no.
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11-10-2010, 12:16 PM
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Location: NJ
17,578 posts, read 44,628,012 times
Reputation: 16250
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They hardly have incentive to leave now that you gave them back their deposit and they haven't paid you rent for November.
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11-10-2010, 12:20 PM
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Location: St Thomas, US Virgin Islands
24,669 posts, read 67,158,224 times
Reputation: 26689
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Google "(your state) landlord tenant laws eviction" and start the process immediately according to state law.
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11-10-2010, 02:14 PM
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350 posts, read 1,246,934 times
Reputation: 294
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Quote:
Originally Posted by bowian
If there is no signed lease agreement, you may be able to get someone to go in there and take their things out. But first, research the laws in your area. Make sure there are no laws about a tenancy being created despite the absence of a lease. Also, find out what the legal advance notice is, and if you gave proper notice, you then need to provide an eviction letter at the end of that notice period. Good luck.
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These people are now tenants at sufferance. OP screwed themselves when they didn't get a lease agreement and gave the deposit back. Now they are going to have to deal with chaos they created and the hassle to get the people out. In most states you can't just go in and remove all their belongings, in some you can't even put a padlock on the door and will still need to respond to maintenance requests.
OP you'll need to get an attorney to walk you through the eviction process if you don't want to read up on it yourself. My guess is you will end up having lost the deposit, the rent for November and the rent owed to you while eviction proceedings work through. (Even if you get a judgement, doesn't mean they will pay). Cuz of this, I would talk to the tenants again and try to work out someway to get them to leave. If you haven't already, make sure all the notices and communications you gave the tenants are in WRITING. You might need this for court. |
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11-10-2010, 07:28 PM
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Location: Maine
2,272 posts, read 6,434,329 times
Reputation: 2555
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Yes, you need to evict them legally, not just tell them to leave, regardless whether you have a lease or not. You have already lost time and money by not doing things in a proper (i.e. legal) fashion -- please act immediately so you lose the least amount of time, money and sanity possible, as it takes time to go through the eviction process. If you have the resources, consult a local landlord-tenant attorney as soon as you can. If not, your state's website will have info on how to go through the eviction process the correct way.
Good luck!
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11-10-2010, 08:41 PM
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4,399 posts, read 10,285,950 times
Reputation: 2376
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Quote:
Originally Posted by moxie55
Hi, we rented a guesthouse over a month ago to a couple. From the beginning they lied to us about pets and employment. On October 14th we gave them one month to move. A week ago, one of them said they had found a place and would be moving in 2 weeks. Things went from bad to worse and their deposit was offered early for them to leave asap. 2 days ago, the man's wife comes over and says they have found a place and need the deposit to make the deposit at the other place they found. She said they would be leaving in 2 days. Today is the day they should have been gone, but there hasn't been any moving at all, so they lied about finding a place too. They have not given us any money for the month of November and their deposit was returned, so they are living on our property for free! They didn't sign a lease or rent agreement. All they signed was a paper that stated they had no rights to this property. What can we do to get them out of here asap? Help us please. Thank you.
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What state are you in? |
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11-10-2010, 11:22 PM
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Location: Kailua Kona, HI
3,199 posts, read 12,933,659 times
Reputation: 3417
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They are legal tenants in most states if they have been there for 30 days, whether or not there was any written agreement, and whether or not they paid any rent or deposit at all. go to the court in your area where people file evictions. They will have all the information you need to get started. Consider having an attorney handle this for you since you've got quite a mess going already.
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