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I don't think I'm incorrect at all.. seems like it varies based on state.. I've been kicked out of a place myself.. (by cops) for not being on the lease.. and that was in colorado.. so as far as I know your states rules don't apply there..
Maybe one can just call the police and they'll take care of it for you in some places.. and even if it's illegal.. doesn't matter most people don't bother to pursue it..
I honestly can't imagine how you can get in trouble in courts.. unless they "lawyer up" and create a bending case against you.. if your fair with people.. I generally think you can get fair back.. but it's important to know your options..
I've been told in my city here.. it's about 3 months for a eviction on the missouri side.. but I can't imagine it's really all that bad if their just considered roommates.. I have been told that is treated as domestic situation.. but I haven't found that out "officially" hence my questions..
I think you mean a CIVIL matter, for courts to decide, not 'domestic'. The party you would want to oust would not need to 'lawyer up'. They tell the cops they have an oral agreement, show proof they live there like mail with that address, and cops will back up and say 'this is a civil matter' and tell you to go to court to evict.
My brother had this issue, but the second time with the same 'tenant', he flipped the script. Had all her stuff set out, and changed the locks. In that case, she was the one told it's a civil matter, go to court. They weren't going to bust down the door to let her in or demand that she be let in.
She didn't go to court, but she could have. And one really does not need a lawyer in JP court. I would go if I was ousted unfairly and needed compensation.
You are absolutely, positively INCORRECT in your assumptions.
I own a large 6 bedroom three story Victorian house only a few blocks from the University of Pennsylvania, Drexel University, and the University of the Sciences Philadelphia. I rent out the bedrooms on the third floor of my house to a professor and two graduate students.
The minute you let someone rent a room in your house, you are legally operating a rooming house or a boarding house. The renter does have certain rights even if they do not have a written lease, and are renting on a "month to month" basis. You cannot kick them out, lease or no lease.
This is true everywhere in the US, as far as I know. I know "landlords" like myself in other states, and the laws are usually similar.
Here in my state of Pennsylvania, you are not required to obtain a business license if #1 you also live in the house and #2 you limit your tenants to three or less. Otherwise you must get a license and you are obligated to
abide by certain codes such as having fire extinguishers, both front and rear egress, windows and doors to code, etc. These are enforced by the Dept. of Licenses and Inspections (L&I). In my case the only requirement is that the doors and windows work properly and I have smoke detectors on all floors. If I had more than three tenants I would also have to abide the county ordinance prohibiting discrimination against people based on race, religion, ethnicity, age (if adult), marital status, sexual orientation, etc.
If you have a tenant who decides not to pay the month's rent, it can take three or four months to kick them out. Legally you cannot just change the locks on the doors and throw their things out on the sidewalk. You can get into BIG trouble if you do that. They can sue you and have a lien put on your house. Believe me, I know landlords who had this nightmare. If you want to get rid of someone, it is best to hire an attorney who will serve that person with an eviction notice that has been filed properly in county court. The person has a right to appeal their eviction. If they do not fight the eviction they will still have 30 days to live rent free before they are ordered out by the Sheriff's Dept. and you can legally change the locks.
Hi I'm asking this question for a family friend who owns and lives in a 3-bedroom single family home in Philadelphia. My search led me to your post and since the post was made more than 9 years ago (I couldn't find a 'rental' forum on this site), I thought I'd reach out and inquire if new laws and ordinances have changed. My friend resides in this house and wants to rent a room out to an individual. As far as you know, does what you wrote in the above post still applies? Or does he need to apply for a rental license? Any information you can provide is appreciated. Thank you.
Most people wouldn't be that motivated.. and I would only act in a "fair" manor..
My question is of course directed at unfair tenants.. people that would take advantage or refuse to leave etc.
Any ideas how I can find out about specific laws for my area? Phone a lawyer? I'd just like to knowthe facts is all..
My brother tried to throw out a roommate, for good reason. She broke in through a window. Police did nothing, she had the right to break into her own place of residence.
In most places anyone you rent a room to in a house is a LODGER not a TENANT, meaning that they have less rights than a tenant does.
Also in many cases the time you have to give them is dependent on how often rent is paid, so make them pay more often to give them less time before you can throw them out.
In most places anyone you rent a room to in a house is a LODGER not a TENANT, meaning that they have less rights than a tenant does.
Also in many cases the time you have to give them is dependent on how often rent is paid, so make them pay more often to give them less time before you can throw them out.
Wrong, it's a tenant no matter what label you use. Depending on what the state you live in, after living in a place after so many days they are a tenant, even if no rent paid. Check your states definition of tenant and rules governing landlord and tenant rights. Eviction process to get tenant out. You could of course kick the person out and put their belongings out of home but you could be opening yourself up to a lawsuit, in small claims etc. Most are just lucky the kicked out tenant doesn't want to bother or doesn't know they could sue for a unlawful eviction.
Wrong, it's a tenant no matter what label you use. Depending on what the state you live in, after living in a place after so many days they are a tenant, even if no rent paid. Check your states definition of tenant and rules governing landlord and tenant rights. Eviction process to get tenant out. You could of course kick the person out and put their belongings out of home but you could be opening yourself up to a lawsuit, in small claims etc. Most are just lucky the kicked out tenant doesn't want to bother or doesn't know they could sue for a unlawful eviction.
There are states that separate residential tenants and residential lodgers. Different states use different criteria to define the two. So, the issue of residential tenants versus residential lodger is very much State specific.
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