Can I use a notice to quit ona non-renter who isstaying with me ifI want themto leave?
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Can I use a notice to quit ona non-renter who isstaying with me ifI want themto leave?
No lease agreement was signed. I was just doing them a favor but now I want them to move out. Verbally stated and they agreed but I’m not sure they will follow through at all or in a timely matter.
Asked on April 4, 2011 under Real Estate Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are completely correct. In fact a notice must be given whether or not this person is a "tenant" (i.e. they paid some form of rent) or they were a "licensee" (i.e. they came and stayed on the premises with permission). Proper notice should be written and give 30 days to vacate. If they do not leave by the date specified, you can then file an unlawful detainer action (i.e. eviction) in court. They will then be ordered by the judge to remove themselves from the premises. If they don't, then the sheriff will do so (forcibly if necessary).
In the meantime do not undertake any "self-help" measures such as changing the locks or removing their personal belongings. If you do you could find yourself on the wrong side of a lawsuit. At this point, you should contact a real estate attorney that specializes in landlord/tenant matters. They can best advise as to the correct procedures for all of this. You can also contact the local court to see if they have a pamphlet/website that gives relevant information.
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