evicting someone not under a lease

UPDATED: May 13, 2009

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evicting someone not under a lease

I live in Tn. I have a relative living in my basement, who is not under a lease, and never has been. he was told when he moved in it was suppose to be for two months, so he could save money to get his own place. He has been living here for over two years. He does pay rent, but for about 6 or 7 months he did not. Do I have to give him a 30 day notice to get him out of my house?

Asked on May 13, 2009 under Real Estate Law, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your best is to give him that time period.  Why? Because he has a periodic tenancy or tenancy at will.  Why did you wait so long?

Review your state's landlord tenant notice information at the hyperlink below, some of which has been included herein, as well: http://www.tba.org/LawBytes/T10_1902.html

For many reasons, landlords should have a written lease agreement. However, even without a written lease, you and your tenants have certain rights. Without a written lease, the tenant may occupy the property from month to month. This means that you cannot evict the tenant without at least one month's notice. If you have a written lease, it might provide for a weekly tenancy, or it could give the tenant the right to stay longer than a month.

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