A tenant, which includes your friend, has certain legal rights in every state. You must go through the courts to evict. Give notice by mail to the person that he has breached the oral agreement which got him into the house. Then go to small claims court and sue for eviction. There will be a hearing and hopefully you will get him evicted before he gets out of jail.
There is a second part of your question. You have a friend with mental illness. You tried to help him. It backfired. He is still in need of a friend. Most people with mental illness are treated by the police and jails rather than medical professionals. One family in four has mental illness to the degree that medical intervention is necessary. You can help your friend by calling the local NAMI chapter and connecting him with their resources once he is released from jail.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
You can evict him the same way you would anyone else, and can even get him served with the papers while he is in jail. Go to your local justice of the peace, and they have forms you can use to file the case.Ask a similar question