I understand I need to file an ejection for a house guest that refuses to leave my apartment. Do I need to give a 3, 7, 15 day written notice first? My research is not clear. This person has paid no rent, nothing at all towards anything. No keys, not on the lease. All he claims to have is a piece of mail with my address on it and has threatened to call the police if I refuse to give him access to my apartment. This person also has a place to live, with their children and spouse, about an hour away, but is just using me now as a convenience because of no vehicle and I am having to drive him everywhere. If I don't, I'm afraid he will just break in.... as the police have told him he can do, then I will incur additional charges because of the damages. I am at a real loss here...
Contracts / Agreements Lawyer
I understand your confusion, and I highly suggest that you at least get an in person consultation with an attorney. Since the person is not a tenant, you must file an unlawful detainer action against them. An unlawful detainer action is a bit different from an ordinary eviction, and requires a different type of pleading. Best of Luck.
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2 lawyers agree
Residential Real Estate Lawyer
It is not clear from your question if you live in this apartment or you own an apartment that you do not live in and let someone use and now they refuse to leave. The reason I am confused is you mention that he is using you to drive him everywhere.
If you still live in this apartment and you have an unwanted house guest, the person is trespassing if they have exceeded the extent of you invitation. You need to make this clear to the police and ask he be removed. If you do not live in this apartment and have let someone use it rent free, then you will need to file an action for unlawful detention. An unlawful detention action is filed when the owner or lessor is entitled to possession but has been ousted and cannot obtain possession.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Landlord / Tenant Lawyer
You should try contacting local law enforcement again.
If he has a permanent address elsewhere, he cannot claim that your apartment is his permanent address.
If he doesn't have a key, that would also point to him not having residence there.
If the police insist that he is a resident, you will have to file an ejectment action in circuit court or an unlawful detainer action in county court. The ejectment is a broader lawsuit and will cover you better for more types of defenses, but can sometimes take much longer than the unlawful detainer. A local lawyer will be able to judge what works best in your area and for your situation.
You should write a notice that states that you revoke permission for that person to be in or on the premises and that it is effective immediately. Post it on the front door and mail it to his actual residence certified mail return receipt requested. Keep a copy for yourself.
Do this today!
If you are a renter, you may have to involve your landlord to let them know what is going on.
If you are the property owner, speak to a landlord lawyer today.