how do you legally evict someone if there is no binding contract?
154110
Hire an eviction service.  It can be tricky to boost someone, even if it is just a friend of your roommates who will not leave after visiting for three weeks.
319120
Go to City Hall and tell them your situation. Sometimes your local Chamber of Commerce can help. \n\nMy Parents had a renter who signed an agreement - but in your case (i don't know the technical term) there is a presumption of verbal contract.\n\nThe Renter would have to prove he did pay the rent with signed receipts.  Its your property, and anybody can be evicted for any number of reasons - especially if the rent is not paid.\n\nMy Parents went to City Hall - cant recall who they talked to - but signed an Eviction Form which the police delivered to the renter. The Police Department also enforced the eviction. (there may or may not be a small fee involved but its not much if any)\n\nIf this, or anyone elses answer is better.., is helpful be sure to click the Best Answer option for that person. (for anybody with a best answer). Too many people are asking questions and never give the best answer any credit at all.\n\nGood luck - I know how hard that situation must be.  DO NOT LISTEN TO SOB STORIES IF and only IF you have already been put off two or more times after trying to work with them.\n\nDO NOT GET THEM TO SIGN A RETRO DATED AGREEMENT FORM!  I'm no expert but Im pretty sure thats a bit underhanded if not illegal. Unless the Police or City Hall suggests it - DONT.
776497
I don't believe that they can evict him, AND require him to pay the balance due on the entire lease, unless the rent was listed as a total yearly amount, on which he was making installments.  I would have him contact an attorney, or Legal Aid to find out what his rights are.  He could always contact the Department of Children and Familes to see if he qualified for some subsidies, but getting the government involved can be risky too.  You have to be willing to let them into your home.
691723
1.  Contact local real estate agents.\n2.  Advertise in the classifieds.\n\nBe careful.  If you miss a payment, the owner of the property can evict you and keep all the money you have paid them.  Traditionally, contract for deed sellers have victiimized poor persons by offering them land very cheap through a contract for deed.  The poor person, usualy an immigrant, "buys" through a contract for deed and builds a house on the property.  If the buyer misses one payment or is late, the seller evicts and the sell resells the house and land to someone else for more money.  Since the buyer doesn't actually own the property in a contract for deed sale, it is actually like renting to buy.\n\nThese types of sales have been used to victimize immigrants in South Texas.
577813
Wow!\nGood Question. I live in Texas too so I would suggest that you contact your local Justice of the Peace or Constable and ask them. The J.P. issues the eviction notice and the constable enforces it.\n\n\nWhy are you responsible for this person? I would think since your name is on the lease and you moved--that's the end of it. I would wager that the landlord will have to evict the tenant....but that is just a guess. Contact the J.P or Constable for a definitive answer
556882
You are legally bound to that contract.  Talk with your landlord.  They may keep your deposit as well as re-rent fees, etc and rent until they are able to rent it again.  Check your lease on penalties.  If they wanted to be a jerk, they could hold to to the full term of the lease.  Offer to help find a new tenant, pay to advertise it.  Work with them to get it re-rented and they will probably let you out of the contract.\nGood Luck.
1021329
Contact the Housing Authority in your town.  Also check out www.nolo.com \n\nIf your friend has been there a year without a lease she is considered month to month which means the landlord could have had her removed after giving her 30 days notice first.\n\nIf the landlord has decided to come with a lease after a year and she's managed to live there despite it "falling apart" she needs to take date stamped pictures (some cameras date stamp the film or you can provide a newspaper to put clearly in the shot as you take pictures going from room to room) and have your friend state in a letter addressed to him at his business address that these conditions were pre-existing, and that both parties (LL and her) are to understand that this NEW lease provisions he's asking for will only pertain to NEW wear and tear AFTER all the current repairs are made by LL within 30 days (make a copy of the photos and present them to LL with certified letter).  It should also read that the $500 extra money for deposit is specifically for future wear and tear should it be needed and that your friend will expect her deposit returned within two weeks/month after her lease expires and any deductions should be clearly notarized in a breakdown with clear copies of receipts that can be clearly verified.  It sounds like LL wants your friend to move out -- and you don't say what compelled your LL to 'suddenly' come over and 'demand' next months rent over a week early.   Maybe to avoid the grief, your friend should make arrangements with LL to move -- write a letter and send copies of dated stamped pictures ASAP and state that you are not responsible for this wear and tear as it was pre-existing and you would like x time to move out and then move out.  I don't expect this LL to be nice either way.
840254
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
1099859
This is a tough situation and there is no really good solution.\n\nRemember that what someone can "legally" do is not really a practical limit on what they may actually do. Worse still, you can have all sorts of legal rights but if the only way to exercise them is to go to court then the solution may be worse than the problem.\n\nThe only thing is really to get the stuff out right now. If the apartment is in the other person's name then she's not going to get any immediate help from the legal system.\n\nEDIT: From another question that you posted I'm now unsure if this is a room mate situation or a landlord-tenant case. Please clarify. It affects the answer.
824794
contact your local sheriff,and ask about starting the eviction process. Depending on what state you live in it may be impossible to have them removed until spring
839490
Not only can you evict him to get him out of the apartment. But you can also ban him from the property so that he doesn't come back. You just have to serve him with a banned notice and send a copy to your local police department. If he still has personal items on your property then your local police department can escort him to get his belongings, then after that you shouldn't see him again, and if you do call the cops and have him arressted for trespassing. We have done this at the property i work at, and it works wonderfully.
574198
If you are complying with the law, the landlord cannot make you move until your lease is up. If the landlord does not want to renew your lease, then you must move out. There is nothing legal that obligates the landlord to renew your lease.\nThe tenant must make efforts to get repairs made, damaged items replaced, or items cleaned (the labor might be done by either you or your landlord, depending on your agreement) that affect health and/or safety.  \n\nIf you do not promptly respond to these needs as each condition requires, the landlord can send you a written notice specifying that you have violated your lease contract and asking that you fix the problem within the next 14 days (if it is an emergency the landlord can ask for a shorter period of time). \n\nIf after 14 days (unless it is an emergency) you do not remedy the situation, the landlord can enter your apartment and fix the problem in a “workmanlike manner” and submit an itemized bill for the costs or the value of the repair and add this amount to your rent on the next date periodic rent is due (usually the 1st of every month). \n\nIf your lease has already ended, the landlord can ask for immediate payment. \n\nUnder the Landlord Tenant Act, the tenant is obligated to tell the landlord of needed repairs and to take care of the apartment. If you neglect maintenance issues, you are violating the law and could be evicted (see Violating The Lease\nUsually a landlord will try to resolve a problem with a tenant by talking to him/her first. The following are legal actions that a landlord can take against a tenant who is violating the lease. Most landlords will not take this kind of action unless it is absolutely necessary.\n\nIf you do not comply with any one of the conditions stated in the lease (or with the laws in the Landlord Tenant Act, see Tenant Duties), the landlord may deliver a written notice to you specifying the violations that you have made. The notice will also state that the landlord will end the lease and evict you in no less than 14 days. \n\nIf you fix the problem within 14 days the landlord cannot evict you. If the same problem happens again within 6 months, the landlord may send another written notice specifying the violation and evict you within 14 days (regardless of whether or not you correct the violation this time). \n\nIf you do not fix the problem within 14 days after getting the notice, the landlord may give you an extension. If he/she does not wish to give you an extension, the landlord can get a “Forcible Detainer Warrant” sent to you on behalf of the constable (this warrant is a notice that you will be Evicted unless you come to the trial date and defend yourself). The warrant will have a trial date stated on it. \n\nIf you receive this warrant, you should review it carefully and see a lawyer immediately (for a lawyer, see Legal Help). \n\nGO TO THE TRIAL! This hearing will determine whether or not you will be evicted. \n\nIf you are found guilty at the hearing (or you do not show up!), the sheriff or constable will physically remove you from your apartment a few days after the court date. \n\nFor more on eviction see Eviction. \n\nIf you do not comply with any of the conditions stated in the lease and your landlord is damaged as a result (either financially or in some other way), then the landlord can take you to court in order to get paid back (including attorney fees). \n\nIf you do not leave the apartment after the lease has ended, the landlord may take you to court to force you out of the apartment and sue you for more than 3 months rent, or three times the amount of damage sustained by the landlord, whichever is greater (plus attorney fees). \n\nThe tenant must pay rent at the time and place agreed upon by the tenant and landlord. The law specifies that unless a different agreement is made between both the landlord and tenant, the rent must be paid at the BEGINNING OF EACH MONTH of tenancy. In the case of a roomer, unless the renta
548593
Start creating some paper.  Send her a letter informing her that you need access to show the premises.  When she refuses, send her another letter stating that you have requested access to show the premises, as provided in the lease, and that she has refused.  Keep doing this.  After the lease has ended and she has moved out, if you aren't able to re-rent right away then withhold a month's rent from her deposit.  If/when she tries to sue you for it you can show the judge the copies of the letters proving that she was in violation of the lease and prevented you from re-renting the property.
1055529
The legal requirements for eviction differ from state-to-state.  Most states, you have to give a certain amount of notice (which may be as little as 24 hours for drug violation) in a specified form, and then, if they don't voluntarily leave, go to the courts.\n\nMany areas have a "landlord's association" that helps landlords with this.  Search the internet for "[your city] landlord's association" or "[your state] landlord's association."
404893
Unless she owns part of your house or is on your lease, just kick her out.  Put her stuff outside and tell her to come pick it up, but make sure you explain to her why you are doing it.  Change the locks.  If she doesn't respect your wishes, she doesn't deserve to live there.  You don't need to "evict" her unless you have a lease agreement with her.
932354
Landlord / tenant laws vary greatly from state to state, and even from city to city.  In most places the deal is that the landlord can't engage in "self-help," that is, locking you out of your residence or throwing your things out on the street, without a court order. Some crazy states, like Texas, allow a landlord to take out a "landlord's lien," on your personal property, which may allow them to take possession of your stuff as security for failure to pay rent.\n\nHere's a link to an article about freezeouts on findlaw.com, a reputable source that's used by attorneys and average citizens alike:\nhttp://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-illegal-self-help.html\n\nHere's another website based on Ohio law.  This sounds similar to the processes in many states, but may or may not be the same as your state:\nhttp://www.ohiolandlordtenant.com/faq2.html
251010
Without an explicit (written) agreement, you can be evicted at her discretion.  Where she will have trouble, however, is that she needs to give you appropriate notice of her intention to do so (to enable you to make alternate arrangements).  So long as you are not in violation of any laws or explicit policies of hers, you should be entitled to a reasonable time before you actually have to vacate.  The law would most likely deem 30 days as reasonable and I believe you should ask her to give you at least that. You could certainly sue her for any monies she received from you for which she provided no services or goods.  You could also sue her for any harm that befalls you because she failed to give you reasonable notice (time to look for another place to live).  If you let her know that you intend to leave (and you should have decided to do so by now), but that you require 30 days (for which you will pay her if you have not done so), she should give it to you in exchange for your agreeing not to cause legal problems for her and her family.  If she refuses, contact the local law school or local Bar Association and ask for assistance in finding pro bono (free or mostly free) legal counsel.  Best of luck to you in this terrible situation.