Are you having trouble with your tenant? Are you looking to start afresh with a new tenant? Or are you simply looking to get your house back and enjoy some privacy without having any tenants? If your answer to any of these questions is yes, then simply checkout the article below in order to learn more about how to evict someone renting a room in your house.
Table of Contents
How To Evict Someone Renting A Room In Your House
When evicting someone renting a room in your house it is important to follow legal eviction procedures as stated by your local state or county. Failure to do so can result in you getting fined or facing serious charges. The procedures for evicting someone renting a room in your house also vary depending on whether it’s an owner occupied or owner non-occupied situation. An owner occupied situation is when you are renting out a part of your house to someone else whilst you are also staying there, whereas an owner non-occupied situation is when you rent out a property that you own but do not live in. Below we look at the different situations and the procedures you should take to evict someone renting a room in your house.
Owner Occupied Eviction
When you are living on the property you are renting out, you will need to write an eviction notice in order to evict someone renting in your house. The eviction notice should clearly state that your lodger or tenant can no longer rent a room in your house. You should indicate the deadline in which they are expected to have vacated the room. When drafting out deadlines make sure that you give your tenant enough time to move out of your house. The general rule is that if rent is paid every month, they are entitled to a 1 month notice and if it is paid weekly they are entitled to a 1 week notice. The eviction notice should be handed directly to your tenant or you can stick it on their door. If your tenant refuses to go after giving them a notice, you can then ask the sheriff to remove the person on the grounds that they are trespassing.
Owner Non-occupied Eviction
If you are currently not staying on the property that you are renting out there are a few methods that you can use to evict someone renting a room in your house. Below are some of the methods you can opt for.
If you want to evict someone renting a room in your house the best thing is to start by writing a written notice or a notice to vacate. In the written notice you should state the reason for eviction, it can be failure to pay rent, damage to property or simply violation of the lease agreement. You should also indicate the date in which they are expected to have vacated the property. The written notice should be handed to your tenant and you should also have a copy just in case they remove to go out.
File A Complaint To The Court
If your tenant refuses to vacate the room after you had served them with a notice, the next thing is to file an unlawful detainer at the Superior court in your county. A lot of paper work is required when filing this complaint so you need to be prepared.
Serve Them With A Notice
Once you have filed the unlawful detainer at your nearest Superior court you can then serve your tenants with the document. If they refuse to accept the document you can ask the court permission to mail the notice to them. Once, they receive the notice, they will be summoned to court.
As noted above, a court hearing is a prerequisite after your tenant receives the notice. So when your court date has been set make sure you have all the evidence that your tenant refused to vacate the property and also provide reasons as to why. If the court hearing is successful in most cases your tenant will have about 5 days to vacate the room in your house.
How To Evict Someone From Renting A Room In Florida?
As stated in the article above, eviction laws vary depending based on the state you reside in. If you are in Florida, the best way to evict someone from renting a room is to write them an eviction notice. If they do not comply you can then file a complaint at the court and they will be summoned to court for an eviction hearing. If you win, your tenant will be asked to vacate the property within a certain number of days.
How Do I Get Rid Of An Unwanted Roommate?
Everyone has rights including your unwanted roommate, so if you are planning on getting rid of them make sure you do it in a smart way so that it never back fires on you. If your roommate is not on the original lease agreement between you and the landlord you can give them a written letter, stating how you would like to terminate the original living agreement. The letter should give your roommate at least 1 month for them to vacate the room. If your roommate has a lease agreement with the landlord then you might not have the power to evict them. This is because technically they are not your tenant and if you have any problems with your roommate you will have to report to the landlord. The landlord will have to investigate the situation and then decide whether he or she wishes to give your roommate an eviction notice.
Evicting someone that is renting a room in your house can be a hard task but if you follow the procedures mentioned above you won’t face any challenges. It is worth mentioning that you are not allowed to throw your tenants clothes or property outside the yard even if the court has ruled in your favor. Therefore, always keep your tenants belongings until they come forward to claim them.