Q:

How do you issue an eviction notice without a lease?

A:

Quick Answer

To evict a tenant who doesn't have a lease, serve him a letter explaining the eviction with reasonable notice to find a new place. If the tenant chooses to ignore the eviction letter, go to court to request legal assistance. Bring proof of land ownership and the eviction notice to prove your right to evict the tenant, and consider hiring a real estate attorney to ease the process.

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How do you issue an eviction notice without a lease?
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Full Answer

Without a lease, a landlord is not required to give a reason for eviction with appropriate notice. However, giving good reason - such as failure to pay rent, illegal activity on the land or agreement violations - can help build a more convincing case for the courts if the tenant chooses to contest the eviction. Minimum reasonable notice varies from state to state, ranging from seven to 45 days and must be served in writing and in person.

Research state tenancy laws to ensure proper procedure. A landlord cannot serve eviction in retaliation of reasonable complaints by the tenant or for reasons of illegal discrimination. If an eviction goes to court, a tenant has the right to defend himself, but in the event that he loses the case and still refuses to leave, the landlord can obtain a writ of possession from the court. A sheriff or deputy serves a copy of the writ to the tenant, in which case he has 48 hours to vacate before officially becoming a trespasser on the property.

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