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A friend is renting out rooms in his farm house. Now he has someone that hasn't signed a lease and can't get rid of him.

Corcoran, Minneapolis, MN |

Usually the renter fills out an app. and once it's accepted they sign a lease and pay rent. This person has lived there since June, has missed 4 months rent and when he posted notes to say you need to move the guy called the cops and the police say he has to file eviction proceedings. The man doesn't have a lease, isn't paying rent and barely filled out the application. My friend has filed a police report saying he needs to move because he is tresspassing and has stolen items from other tennants. Last week he even threatened on of the other renters daughters. What should he do? I say he should still file eviction proceedings even though there was no lease signed.

Attorney Answers 2

Posted

You are correct. You did not mention how it came to pass that this person was lodging at your friend's farm--but you mentioned that he has missed 4 months of rent payments--so the lodger apparently does have some agreement with your friend. That being the case, you are correct, your friend will have to use your state's eviction processes. Likely takes 3-5 weeks, sometimes longer and shouldn't require a lawyer--costs will be a bit under $100.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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4 comments

Asker

Posted

This person's girlfriend was going to live with him at my friends farm. They paid some rent and he gave them keys and requested they fill out an application. 4 months later he received a half filled out application but he had already moved in. The application would have been refused but it was to late. Now the police are saying he gets to stay. Girlfriend never did move in. So there was no lease agreement, but I think he still needs to go to eviction court instead of just the police department

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

No, there is a lease agreement--its oral--and you are correct its the courts. Not the police.

Asker

Posted

Thank you so much for your help. I will refer your services.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

No worries. FYI, I do NOT practice in your state. Best of luck to your friend.

Posted

Your friend will have to go through the eviction process through the courts.

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