Submitted by Anonymous on Wed, 11/16/2011 - 20:51
Is it legal for us to evict our tenant so we may move into our home? A quick breakdown.... My husband inherited 1/3 of a 2 family home. His middle brother seems to think it's okay for him to live in the apartment that was their moms for free and collect the rent and spend it on..let's say " stuff ". My husband and I and our children in the mean time moved cross country hoping things were going to be settled, we were wrong.. So we r living with friends and it's really tight quarters. Now there is a tenant that lives on the second floor which is who I am trying to find out if we can get him out so we have somewhere to call " home "
How to evict tenant
If I understand your question correctly, you are part of a group that makes up the "landlord" for the building, that is, the entity that owns the building and has the right to evict tenants. In that case If your tenant has a lease, you cannot evict him unless he has violated the lease in some way, say by refusing to pay rent. If the tenant is a tenant at will, that changes the analysis. Tenants at will can be evicted for any non-discriminatory reason, such as because you want to live in the unit. However, you need to understand that the eviction process will take months, depending on how long the judge gives the tenant to move out. Accordingly, you do not want to make any mistakes that may delay the process. Start by making sure your service of the notice to quit and all subsequent documents is done properly. The best way for a landlord to make service is by constable or sheriff. Good luck.