Can I draft a letter to tell a verbally abusive person to leave my house?

UPDATED: Jan 26, 2012

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Can I draft a letter to tell a verbally abusive person to leave my house?

I let a “friend” stay too long and now he is considered a resident. He has become verbally abusive and I want him out of my house. Can I draft a letter to him telling him he has 30 days to vacate my premises or do I have to get a formal form to do it? He is not on the lease and pays no rent, no utilities, nothing.

Asked on January 26, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to have a letter or better yet a 30 day notice of termination served upon a person who has overstayed his welcome, you can have the 30 day notice prepared and served upon this person advising him that he has 30 days to vacate the premises.

There is nothing preventing you from doing this. Your state has certain requirements needed to be in this 30 day notice of termination to be legal. I suggest that you consult with a landlord tenant attorney for the proper form and language to be served on the "guest" who has overstayed his welcome.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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