evicting tenant

[Sharon 1949]

I live in North Dakota and my parents who are elderly gifted their rental property to me in December of this year. My neice has been living there for the past three years without a lease agreement and had agreed to pay $300 per month rent.. This year she has only paid them a total of $300 for the whole year and I asked for the December rent and they refused to pay me. I also sent a rental agreement to be signed and they refused that. What rights do I as a new homeowner of this rental property have? How long do they have to be notified before they are expected to move out? I wrote to them on the 19th of December and told them I was the new owner and that I expected my rent and they knew then that if it wasn't paid they would have to move. Can you help me with this problem? Thank's Sharon

 

[JenniferH]

I am not an attorney, but here is my 2 cents:

Since you say they don't have a lease agreement (signed) it sounds to me that you could press criminal charges for tresspassing. After all they don't have a legal right to live there since they have no signed legal agreements with you. If you now are the legal owner of the property, I would think you could get a court order to throw these people out via sheriff service. The sheriff actually goes there and kicks out there stuff.

You have given them notice, I would think this is enuf to get them out. Family or no. Sounds like loafers to me!

You may want to get an attorney to make all this super legal. Even tho it might take a little money to a lawyer, you will get your property back and it will be worth it.

 

[Sharon 1949]

JenniferH

Thank's for your information. I am going to get legal advice on Tuesday and if they do no agree to sign an agreement or move out I will start legal action to evict them and then my parents will go after them for back rent. Thank's again and I will continue to update you on what is going on. Sharon