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Posts: 1
Reply with quote  #1 

I have a housemate who will not leave my house. We had a verbal agreement. I gave him a 30-day notice to move-out, but it was via e-mail; I'm not sure if giving notice thru this medium is considered  legally-binding. It's past the 30-day warning mark & he is living in my house for the past few days rent-free. He smokes marijuana on my property and this is the basis for quick-eviction, as I can give a 3-day notice because of him "using illegal drugs" on my premises. Once I notify him in writing though, I'm not sure on how to about filing to sue with the court system. Can anyone provide me with some direction on the next step(s) to take after notifying my tenant that he has to move-out because of illegal drug use?


Posts: 3,809
Reply with quote  #2 
Sorry, I didn't see this post previously.  You may have gotten rid of your roommate by now, and this may be for future use then.  If you had a month to month agreement (not a lease), you needed only give him 30 days written notice to move out.  No reason is needed.  If you kept a copy of the email, it may be considered as an official notice, although actually printing it and giving it to him is better.  If he fails to move, serve him a 3 day notice.  After this, file for eviction with the court.  Call your municipal or housing court and ask for the procedure.  They will be happy to help and will give you the forms.  Some clerks will even show you how to fill them out.  You then file the paperwork with the court and pay the fee.  Attend the hearing when scheduled and show the 30 day notice to vacate that you gave him.

If he had a lease, it is a different story.  You have to prove just cause to evict someone during a lease term.  Some states make you prove his illegal drug use before you can evict him or terminate his lease.  This means he must be served with a search warrant or arrested to show proof.  You would need to contact the police.  Once this is done, there is an expedited manner to get rid of him.  You could then serve him a 3 day notice to vacate, and immediately after file for eviction.  Courts often move on these cases first (doing them before non-payment and other eviction reasons).  Once given the eviction judgment, many tenants leave immediately.

I hope the situation has resolved itself.
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