Eviction Rights for the Landlord

[BobbyB]

I have been renting my spare room to some one for the last year. It has been a month to month oral agreement. In December, she informed me she would be moving out 02/01/01. She did not pay the rent on 01/01/01. She informed me on 01/07/01 that she would be paying me the rent on "next Friday". I asked her on Friday, 01/12/01 for the rent. She said that she meant the next Friday. I told her that I either needed the rent or she needed to move out. She said she it would be no problem to move out by the end of the weekend. As of Monday, 01/15/01 afternoon, she had not moved anything out. I left her a note that I had scheduled the locks to be changed on Wednesday, 01/17/01 based on her agreement to be out by 01/14/01. She left me a note saying that she would move the small stuff out on 01/16/01 and have everything out by the evening of 01/17/01 or the morning of 01/18/01. She did not move anything out on 01/16/01. It is 8:00 PM on the evening of 01/17/01 and she has not shown up to move her stuff or called to say if she was coming by. The locks were changed as previously scheduled and she has still not paid any rent. What are my options for getting her stuff out? What are my options for collecting the rent owed to me? What legal recourse can be brought upon me at this point?

 

[djdj]

You can be sued for any and all damages cause by your stupidity in changing the locks....

A tenant has a right to acess the apartment until a court of law NOT YOU tells them differently!

So i would suggest you cover your assssss by alowing her to take all the stuff out when she wants to and pray she doesnt get a lawyer to sue you!

 

[BobbyB]

IF she is allowed access to the house, what protects my property and belongings from any actions she may take? Do I have recourse for any damages she causes while she moves out (ie. taking personal property)? How can I legally force her to move herself and her belongings?

 

[djdj]

Well YOU have to let her choose the date and time to move out, even if it is inconvienient for you.......why?

Because it will make you the landlord look like a nice guy if this has to go in front of a judge.

Other then that you will have to evict her in court, and when a judge finds out you locked her out, he wont be pleased, ESPECIALLY if you are asking for any money!

[Edited by djdj on 01-17-2001 at 10:37 PM]