How do I evict a person who is living in a house located on my property and who is not paying rent after agreeing to do so?

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How do I evict a person who is living in a house located on my property and who is not paying rent after agreeing to do so?

How would I go about evicting said person with no legal repercussions?

Asked on September 3, 2018 under Real Estate Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since this person was to pay rent, even if they have refused to do so, they are still a tenant in the eyes of the law. This means that you can file an eviction or "unlawful datainer" to have them removed. First however, you need to serve them written notice to vacate. I they fail to do so within the time specified, then you will need to go to court. In the meantime, take no self-help measures such as turning off the utilities, changing the locks, etc. Also, since this process is very specific as to the steps that must be taken, you may want to consult directly with a local attorney who handles landlord/tenant cases. If not, then you can check online for the procdure to follow in your state when filing on your own.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since this person was to pay rent, even if they have refused to do so, they are still a tenant in the eyes of the law. This means that you can file an eviction or "unlawful datainer" to have them removed. First however, you need to serve them written notice to vacate. I they fail to do so within the time specified, then you will need to go to court. In the meantime, take no self-help measures such as turning off the utilities, changing the locks, etc. Also, since this process is very specific as to the steps that must be taken, you may want to consult directly with a local attorney who handles landlord/tenant cases. If not, then you can check online for the procdure to follow in your state when filing on your own.


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