Re: Eviction - Landlord Forum thread

Re: Eviction by Anonymous (MN) on June 11, 2012 @14:43

No, you cannot just evict him because it is your house. He can sue you and win pretty easily if you go in with that attitude. Like was stated, if he is month to month like you say, then you just give him a 30 days notice and tell him you're not renewing your lease with him. Again, if he's not out by the end of that notice, you have to file a court case for an unlawful detainer. That court case can take a while to be seen. After you win that, as was stated previously, the court will appoint a date the tenant has to be out by, usually 2-3 weeks. Then if he is still not out, the police will come and remove the tenant.

You cannot legally just evict a tenant who has a lease because it's your house. If you did not give him a normal cure or quit notice to maintain upkeep of the yard, you cannot evict. Otherwise a landlord would just evict without reason or giving the tenant a chance to remedy the issue. It sounds like you need a massive dose of landlording 101. You have a lot less rights than you believe as a landlord and to enforce the rights you do have, you have to follow a specific set of rules or the court will throw out your case.

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