How do I legally evict a person renting a room from me?

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How do I legally evict a person renting a room from me?

I have someone living in my home and renting a room. We were dating while he was living here, but we had an agreement that he paid $500/month rent and an additional $200/groceries – he’s a big guy and eats a ton plus has a dog that uses my dog food. I gave him verbal notice that he must move out by the end of the month (August). He then told me he needed until the 10th of September to find a place and would not be able to pay me rent for those 10 extra days of staying here. He did not pay me the $200 grocery money in August either. Now he wants until the 24th. What do I do?

Asked on August 29, 2010 under Real Estate Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Verbal notice is not sufficient for a landlord in any state to end a tenancy, especially a month to month.  You need to ensure you give proper written notice and give the tenant sufficient amount of time (usually 30 days on a month to month) to move.  If the tenant doesn't move in that time period, the tenant is considered a hold over tenant and is still responsible for any unpaid rent amounts. Keep track because you may need to sue for those monies in landlord tenant court or small claims court.  Further, as to the food bill, you need to determine is if this was a written agreement. If it is not in writing that your tenant will pay $200 each month in groceries, the fact he has paid such amounts each month might be circumstantial evidence that you have such an agreement.  Keep track of receipts or other proof he has paid such amounts because you may need those to prove (if he doesn't admit) he was to contribute to the grocery bill.  These agreements are complicated by the fact you were in a relationship because his position will probably be he was in a relationship with you.


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