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Browse: Home / KNOWLEDGE / Law

What are the laws against kicking a tenant out of my basement?

Vishal P: What are the laws against kicking a tenant out of my basement?
I have a friend’s friend living in my basement, and I let them live here as a favour for a third of the rent i could potentially get. Now that I told the person that they need to either pay me more or vacate the premesis they want to take me to court. Just wanted to know if there are any laws where i cant kick the person out. There was no lease signed, and he pays cash. I have given him till the 1st of NOV. to vacate.

Answers and Views:

Answer by nas88caror 300
if there is no lease and the property is yours..you can kick him out anytime as long as you give him notice..
If he wants to take you to court ..let him.. all he will have is a headache when the judge says he has to move out.. because you said so.. Hmm Judge Judy?? Pay up or move out i could hear her saying that at this time

Answer by mccleary97502
Without a written contract, he is by law a tenant on a month to month basis. You have to give him 30 day written notice of rent increases, and 30 day written notice for eviction without cause.

With cause evictions can vary from 24 hrs for threatening or harming you or another tenant, or neighbor, to 72 hrs. for non payment of rent to 14 hours for contractual violations.
Check your states tenant / land lord laws to see which laws apply in your state.

Answer by ananamas
If he fails to leave you must file an eviction in court and follow the proper procedures in your state and county. The facts that there is no lease and he pays cash don’t change the fact that legally he is your tenant so you must follow the landlord-tenant laws.

Answer by estielmo
A basement apartment is often illegal. Does it have a CO? In any case, you sue them, they have no cause to sue you. If they are not out by November 1 then go through the proper steps to evict them immediately. DO NOT accept ANY money from them after that.

You have 5 weeks to study up how to do this properly. And NEVER do favors again. Business is business and people seldom appreciate it. If you have a soft heart give to cancer research or your church.

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