I have a seller who wants to sell their house but her family member doesn't want to get out of the house they don't not have a rental agreement they have just a verbal agreement how should she go about getting her family member out of the house what procedures should she take so she can sell the
Check the tenant/ landlord laws for your state. You should be able to find the process for serving and carrying out evictions. Since there isn't a written lease, the state statutes will be all the court can go by.
Tell her to hire a lawyer. She is not capable of dealing with a relative.
Exactly. Ring, ring. Hello landlord/tenant attorney? Hi, I need to do an eviction. And the attorney will take it from there.
But there has to be some reason to evict. The simplest one would be to formally terminate the tenancy. As mentioned, state statues apply. Those typically make the lease month to month in the absence of a lease. And there will be some minimum notice. I recall another FL related thread where some mentioned the time line is 20 days before the 1st of the month. So they could give notice now that the tenancy is being terminated on April 30. If they don't leave, then an eviction can be started. If they're supposed to be paying rent and aren't, that would also be a reason to evict.
@Johnnie Cason As John mentioned above, absolutely hire an attorney. i just had to do my first eviction in 10 years, and it's not DIY. The notice has to be specifically worded. It has to be delivered in a certain way (posting on the door may be acceptable in some states, in others it is not).
three ways this can go. if relative has no real way to prove residency, I would verbally tell her to get out by end of month, and if she does not I would get her out...this is also illegal to do if she has established residency. (i.e. not a guest anymore. also riskiest approach, and not likely recommended)
other option is to provide formal notice that she must leave the property. this means giving her 30 days notice. if she is not out by the end of april, you the have to hire an attorney to do an eviction. someone in this situation should not do it themselves to save money, as they likely have no idea what they are doing.
option 3. cash for keys. they tell relative, if you take all your stuff out of the house by x date, and return key, and sign this paper agreeing that you vacated premises, you receive $XXX. money is only given if all terms are complied with. Locks should be changed that same day. I am not a fan of this option as it reinforces bad behavior.
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