If the issue ever came into court, the court would look at what is really happening, not just what the person was called in the agreement. If you have a written agreement that a person is a tenant for a certain period of time, you will probably need to follow the procedures for evicting a tenant.
This is true even if the time in the agreement is now over. Whether an employee is a tenant depends on the specific agreement between the employee and employer. A person does not become a tenant just because he or she has lived in a property for a long time. If you and another person are co-tenants on the lease because you both signed the lease as tenants, you will both have an equal right to live in the property in most cases.
Co-tenants usually cannot evict each other, even if one of the co-tenants stops paying the rent or is violating the lease that they both signed. If the person you want to evict is not a tenant, but is a household member or authorized occupant, you may be able to evict that person. You will need to figure out whether that person is your tenant or is a guest.
If you are receiving a housing subsidy, you may want to talk to a lawyer to make sure you are following the rules of your subsidy program. If you are not sure whether the person you want to evict is a tenant or not, you should talk to a lawyer before you decide what to do next. The safest way to remove a guest from your property is to use the court process.
There are several reasons why it may be a bad idea to use self-help eviction to remove a guest from your home. You may be risking your personal safety if the guest becomes angry or violent during or after the eviction. If the police need to be called because the eviction is causing a disturbance, they may stop the eviction and direct you to let the guest move back into your home. The police may also direct you to go to court to evict the guest.
In many cases, you cannot be sure whether a person is a guest or a tenant. If you are wrong and a judge decides that your guest actually is a tenant, you may be ordered to let that person move back into your home and you might have to pay that person money for wrongfully evicting him or her. Judgments for wrongful eviction can be a large amount of money and can include: reimbursement for living costs while the guest was out of the property, lost or stolen personal property, pain and suffering, and, if the tenant can prove that you acted recklessly or maliciously, additional damages to punish you for the illegal eviction.
Even though a guest is not a tenant, you can still file an eviction case in the Landlord and Tenant Branch of D. Superior Court. The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
A sample complaint and summons filled out for a case like yours is included in the Self-Help Packet. If the filing fee will be a hardship to you, you can ask the court to waive your filing fees by completing an Application to Proceed without Prepayment of Costs and Fees. Click here for help completing this form. After you file the Complaint and Summons, you will need to have someone over the age of 18 serve the papers. Instructions for serving the papers are included in this Self-Help Packet.
The person who serves the guest needs to fill out an Affidavit of Service that explains how the papers were given to the guest. See the sample complaint in the Self-Help Packet for an example. You are usually not required to give a guest a day notice, no matter how long that person has lived in your home.
Most of the time, you can sue to evict a guest as soon as you have asked the person to leave and they have refused to move out. These are not common, but here are some reasons why you might need to give someone who is not a tenant a notice to quit:. You promised your guest you would give him or her a certain amount of notice before he or she had to leave. The person is not a tenant but is the former owner of a foreclosed property or cooperative unit that you bought.
Tenants of former owners of foreclosed properties have the rights of tenants. Please refer to the Frequently Asked Questions for Landlords for more information. If you think one of these reasons might apply to you, you should talk to a lawyer before you file an eviction case to make sure you have served a proper notice to quit. You do not need to have a family or intimate relationship to use the domestic violence process, but you do need to live together in the same home.
For more information about the domestic violence process, click here. The court offers a free service to help people solve disagreements without going to court.
If your guest agrees, a community mediator can talk with you and the guest to see if you can reach an agreement. Make sure you arrive and are seated in the courtroom by AM.
In these states, landlords may use unconditional quit notices right away—they can extend second chances if they wish, but no law requires them to do so. See Nolo's chart of state laws on unconditional quit terminations for more details. When tenants have received notice but do not move or fix the lease or rental agreement violation by the deadline in the notice, the landlord can file an eviction lawsuit.
Typically, landlords who do not have cause cannot terminate the tenancy of a tenant with a fixed-term lease. When the tenancy is subject to a month-to-month or other shorter term rental agreement, landlords can terminate without cause. They simply must provide the tenant with the amount of notice required by state law. Note that many rent control laws do not allow landlords to terminate even month-to-month or shorter term rental agreements without cause.
If the tenant decides to mount a defense against an eviction suit, it might add weeks—even months—to the eviction process. A tenant can point to mistakes in the notice or the eviction complaint, or improper service delivery of either, in an attempt to delay or dismiss the case.
Courts often take into account a landlord's past action or lack of action when deciding an eviction suit. When a landlord has failed to keep the rental in a safe and habitable condition, or when the landlord has filed the eviction suit in retaliation for a tenant's legal acts, courts are less likely to find in favor of eviction.
Landlords who win an eviction suit receive a judgment for possession of the property, and possibly an order that the tenant pay any unpaid rent. However, even a landlord receives a judgment for possession, it is illegal for the landlord to try to remove the tenant by locking the tenant out or turning off utilities.
Rather, landlords must follow the state and local procedures for the physical removal of tenants. These often require landlords to retain the sheriff or other local law enforcement to carry out the actual eviction. A few states allow landlords to freely dispose of property a tenant leaves behind after moving out. Even in these states, this is legal only if it is quite clear that the tenant has left permanently, intending to turn the place over to the owner.
In many states, landlords must follow storage and notification procedures. Typically, you must give the court judgment to a local law enforcement officer sheriff or marshal , along with a fee that is charged to the tenant as part of your costs to bring suit.
The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if the tenant isn't gone by then. The hearing will be set for no sooner than 10 days after the suit was filed and no later than 21 days. You have the right to request a jury for your hearing. This request must be made at least 3 days before the trial.
After the hearing, a judgment will be issued. If the court rules against you, you will have the opportunity to appeal before your property is removed from the rental. For more details, please see the Appealing an Eviction page of this guide. Once a final judgment has been entered and all deadlines have expired, the landlord may ask the judge to issue a "writ of possession. Search this Guide Search. It is strongly recommended that you contact an attorney for advice specific to your situation.
If you have questions about anything in this guide, please ask a librarian. Disclaimer: The State Law Library is unable to give legal advice, legal opinions or any interpretation of the law.
The Eviction Process. Timeframes in the Eviction Process Eviction proceedings do not mean that a tenant will immediately be removed from their home. Step 1: Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.
They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30 day notice if the property participates in certain federal programs or the property owner has a federally-backed mortgage. Step 2: Filing of Eviction Suit. The eviction hearing cannot take place for at least 10 days after the petition is filed. Step 3: Judgment. Once a judgment has been issued, no further action can take place for 5 days. This time gives the parties the opportunity to appeal.
Step 4 optional : Appeal.
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