Lease or not to lease

Question

I have been leasing/renting a house for over 6 years. I have two roomates who are living with me through a gentleman's agreement month to month. One of these guys needs to get out (my decision). He's been there since March. A lawyer says that all I have to do is change the locks and put his stuff on the front sidewalk. The police and the magistrate say that I can't do that because this guy has now established "residency." Who's right? I filed an offical eviction but it takes time and I want this guy to move on. In the meantime he is making my life a nightmare. Who's right?

Answer 1

He has established residency whether or not he has a written lease in place.  You have to follow the proper eviciton procedures.

You could just throw him out, but you will risk that he will sue you in civil court (and he will win).  You'd have to gamble whether or not he is smart enough, or has time, to sue you.

Your best plan is to play nice with the other kids.  Assist him in finding a new place to live.  The sonner he finds his dream home, the sooner he is no longer your problem.

Answer 2

Your lawyer is wrong on this one. The police and magistrate are right. Eviction does take time, but your going to have to deal with it.

Answer 3

You said it exactly right.  You filed an eviction and it takes time.  That is exactly what the judge wants you to understand.  The respondent (your roommate) gets time to gather evidence and receipts in his defense.  If you act precipitously and change locks, you will be sorry. /

Answer 4

Trust your lawyer.

Answer 5

If you are in the US, the roommate's tenancy is governed by your state's landlord tenant laws - he is a month to month tenant.

Whatever lawyer you spoke to is a quack. Change the locks and throw his stuff to the curb. The police will force you to let him into the property UNLESS you have an eviction order.

You could also be sued if any of his personal possessions get damaged or end up missing because you put them out.

The police and magistrate are right.

You cannot make the guy "move on" until the court gives you an order to do so.