Legality of kicking someone out of your apartment?
If you told someone living with you that they had till the end of the month to move out and three months later they still had'nt started packing could you just throw all of there stuff in the trash or on to the curb? They are not on the lease.
Answers:
You would be subject to civil damages in court were you to throw them out on an illegal eviction. It matters not whether or not they are listed on the lease. You need to follow correct legal procedures or you may find yourself paying hefty damages.
I think you would be within your rights to have them removed.
You need to evict them. There is a process to follow.
yes, but inform the police in case there is a problem
Unless they are your dependant, they really have no rights. You are letting them stay in your house. You can legally tell them when to leave. If they refuse to leave, call the police.
You could.
However, avoiding altercations would be in your best interests, so why don't you give the goof one more chance - tell him/her that on such&such date you'll put all their stuff outside for the garbage pickup (or that Goodwill will come by to pick up the donation). After that, change the locks, it's SO worth the cost (and future convenience!).
Good luck.
You, as the owner, could tell him to leave. But to physically throw his belongings out, you might be better off getting a court order. (In Alabama, when sheriff's deputies evict someone, they just dump that person's belongings on the front lawn. Right there in front of God and everybody!)
If they're not on the lease you have the right to evict them, but you have to follow a certain process. If you notified them in writing that they had till the end of the month and they stayed another two months, call the Sherriff and THEY will come and change the locks, put their stuff out on the street, etc. But if it'd an apartment or rental and you're on the lease and they are not, just tell the owner or manager and let them handle it.
if they are not on the lease they should not be there and you have sub leased an apartment you are not authorized to be leasing for, you have broken your own lease by having a roommate that is not listed on you lease! you will have to go through the eviction process to get them out, and it will take months, you will find it is easier for you to give notice and move out yourself!
You actually need to give them a 60 day written notice, and file with the courst to have them formally evicted.
I had done that once my self with family members of my the x-wife we had them moved in with us for a short while while he had fixed the bathroom once where we staying it was a bad place where other ppl stayed and moved out they happen to come cause her father wanted them go with us at the time.
we just said her mother had problems with her heart at the time
so they went to another place where they had other friends
but at the time they had a un register vehicle we told them they had 60 days to remove it from the place we were living in at the time and we put there belongings in the car when they come and got it.
and called the police department as well to say we had them kicked out that they need to get there stuff out
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