If someone is living in your property without a lease and not paying rent, what are your rights?
It is common to have a person living in your property you either invited or another tenant allowed. This person may be there without the owner’s knowledge or in the property without a lease and are not paying rent. As the owner of the home, you have the right to remove them. The is known as an Unlawful Detainer Action. It is important that if you to try to remove someone not paying rent and without a lease, that you file the proper paperwork in Court. In the event that the Homeowner does not file the correct paperwork, the Court will either dismiss the case or order them to refile.
What are the Steps to File an Unlawful Detainer
Unlike an Eviction, you do not have to give a 3 Day Notice. This is because there is no Landlord/Tenant Relationship. As a result, the Homeowner can file a lawsuit right away. After the Individual is served, they have 5 days to file a response. If their response does not allege that they pay rent and have a lease, a Homeowner has to file a Motion to Strike. Thereafter, the Court will enter a Default and Default Final Judgment. Similar to an Eviction, a Writ of Possession will be issued.
If you own a property and need to remove someone not paying rent and without a lease, call the Law Office of Brian P. Kowal, PA at (954) 990-7552.