If I rented my home to a relative for 6 months so they could qualify for an FHA loan but they haven’t paid the rent, how do I get them out?

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If I rented my home to a relative for 6 months so they could qualify for an FHA loan but they haven’t paid the rent, how do I get them out?

Do I have to use normal eviction proceedings to remove them. I need to sell the house.

Asked on June 12, 2012 under Real Estate Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, since you rented the home to a tenant, you need to use regular eviction proceedings to make them leave and you should sue for back rent. Keep in mind, if you rented to someone and there was no agreement to pay rent, you and your tenant could be liable for FHA fraud and you want to make sure that is not the case here. If it is the case, it will inevitably makes its way into the court transcripts somehow.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your "tenants" have not paid any rent and you want them evicted, the way to start the process os to serve the tenants with a thirty (30) day notice of termination of their tenancy.

Once served and if they do not vacate within thirty (30) days after service, then your option is to consult with a landlord tenant attorney about filing and serving an unlawful detainer action against them.


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