Do I Need an Eviction Notice for Non-Rent Paying Tenants?
Although most landlord-tenant relationships are based on a landlord's renting property to a tenant in exchange for an agreed upon monthly or weekly rental amount, not all renters actually pay rent. Sometimes a renter provides domestic or household services in exchange for lodging, for example. If you have people living on your property without paying rent, you will still need to legally evict them if you want them to vacate the property and they refuse, in most cases.
Jurisdiction
Landlord rights as well as tenant rights are found in state laws in the United States. Consequently, there are some differences among states with regard to how evictions are handled, though many of the rules are the same.
Lease Agreement
As with most things legal, when a written lease agreement exists, the terms of the lease agreement itself will determine what your responsibilities and obligations are as a landlord, provided the lease comports with state law. If you have someone living on your property, regardless of whether they pay rent or not, and you have executed a lease agreement giving them the right to reside on the property, then you will likely have to provide notice of your intent to evict and file an eviction lawsuit in order to legally require them to vacate the property.
Guest or Tenant?
In the absence of a written lease agreement, you will need to determine whether the individual is legally considered a guest or a tenant. Typically, if the individual is providing a service or something of value in return for the right to live on the property, then he is a tenant under the eyes of the law. On the other hand, if the individual is living on the property without giving you anything of value in return, then he is likely a guest. You do not need to provide an eviction notice for a guest, whereas you do for a tenant.
Eviction Notice
State laws will differ on the procedures required to evict a tenant; however, the basic concept is usually similar. You will need to provide a written notice to the tenant of your intention to evict as well as the reason for the eviction. Check your state laws for any specific form or requirements for the notice. Once you have served the notice, if the tenant remains on the property and does not fix the reason for the eviction, then you will need to file an eviction proceeding in court. If the court finds that you have the legal right to evict the tenant, then the court will order the tenant to vacate the property.
Frequently Asked Questions of the Housing Court Department
www.mass.gov Home Courts Trial Court DepartmentsGeneral Questions: What is a Housing Court? Is it just limited to landlord and tenant problems?
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www.propertymanagerpages.com/documents/Drake_THREE... PDF fileThe foregoing information is not intended to be, and it should not be considered a substitute for professional legal advice or services when the need arises.
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