What can I do about a person who is living in my house?

I own a house in another state. I left the key with a neighbor in order that they could show it to prospective renters. She let her son move in and now he is complaining about the condition of the house and will not give me a deposit and wants a reduction in the rent because of the condition of the house.

Asked on July 14, 2012 under Real Estate Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay the first thing you need to do is to protect your property.  If you have no lease with this person then you need to serve a 30 day notice to evict.  I would STRONGLY suggest that you seek help from an attorney as soon as you can and ive the attorney the right to do as necessary under the circumstances.  If there is a lease then you need the attorney to negotiate the matter asap.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a written lease with the son and you want him out as a tenant, then you can send him a written thirty (30) day notice of termination of the lease if the agreement calls for a deposit and he has failed to do such.

If he is on a month-to-month rental, then you simply send him a thirty (30) day notice of termination of the lease regardless of the deposit issue. The key is to carefully read any written lease that you may have for the property. As a safeguard, I suggest that you consult with a landlord tenant attorney about your matter for additional assistance.


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