How do I force my former girlfriend out of my house since we are no longer together?
Full Question:
There has been a female living at my house (adult) since late January. We have broken up and I want her out of my house. She has never paid rent even though we had verbally agreed she would. Since we were together I was not enforcing this. She is now causing disturbances in my house and I want her gone immediately. In my opinion, she is (and has been) a guest in my house (no rent), which means she is not a tenant and therefore tenant law does not apply and I do not have to give her any notice at all. I was going to give her a week just to be civil, but I need to know if I have to give her longer? And, if there are any ways around this? I want her out as soon as possible! If there is no statute for people who don't pay rent then great. If not, and there is a guideline to follow, could you please cut and paste it to your response so I can print it on the form I will give her.
05/12/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: Kansas |
#16649
Answer:
A guest is someone who is just visiting on a temporary basis. A person without a written lease who stays indefinitely or has a oral lease, whether or not they are behind in rent payments, is considered a tenant-at-will.
The following are KS statutes:
58-2501. Tenants at will; terms of lease in certain cases.
Any person in the possession of real property with the assent of the
owner is presumed to be a tenant at will, unless the contrary is shown
except as herein otherwise provided. Where a landlord is renting farms in
large numbers and a total acreage in excess of five thousand acres, and has
tenants in excess of ten or more, and by the lease requires such tenants to
erect or own and maintain substantially all of the buildings and
improvements on the farm, such lease shall contain just and fair provisions
for the free sale and transfer of such buildings and improvements, or the
purchase thereof by the landlord, without requiring the tenant to remove
the same from the land.
58-2570. Termination of tenancy; notice; holdover by tenant; remedies;
notice obligating tenant beyond terms of lease agreement, form.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a
written notice given to the other at least seven days prior to the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other party stating that the tenancy
shall terminate upon a periodic rent-paying date not less than 30 days
after the receipt of the notice, except that not more than 15 days'
written notice by a tenant shall be necessary to terminate any such
tenancy where the tenant is in the military service of the United States
and termination of the tenancy is necessitated by military orders. Any
rental agreement for a definite term of more than 30 days shall not be
construed as a month-to-month tenancy, even though the rent is reserved
payable at intervals of 30 days.
(c) If the tenant remains in possession without the landlord's consent
after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession. In addition, if the
tenant's holdover is willful and not in good faith the landlord may recover
an amount not more than 1 1/2 months' periodic rent or not more than 1 1/2
times the actual damages sustained by the landlord, whichever is greater.
If the landlord consents to the tenant's continued occupancy subsection (d)
of K.S.A. 58-2545, and amendments thereto, shall govern.
(d) In any action for possession, the landlord may obtain an order of the
court granting immediate possession of the dwelling unit to the landlord by
filing a motion therefor in accordance with subsection (b) of K.S.A.
60-207, and amendments thereto, and service thereof on the tenant pursuant
to K.S.A. 60-205, and amendments thereto. After a hearing and presentation
of evidence on the motion, and if the judge is satisfied that granting
immediate possession of the dwelling unit to the landlord is in the
interest of justice and will properly protect the interests of all the
parties, the judge may enter or cause to be entered an order for the
immediate restitution of the premises to the landlord upon the landlord
giving an undertaking to the tenant in an amount and with such surety as
the court may require, conditioned for the payment of damages or otherwise
if judgment be entered in favor of the tenant.
(e) If a landlord provides to a tenant a document which, if signed by the
landlord or tenant or both, would constitute the tenant's written notice to
the landlord that the tenant intends to vacate the premises, and if such
document contains any additional terms that are not contained in the rental
agreement between the landlord and tenant, then the document shall include
the following statement in no less than ten-point boldface type: `YOUR
SIGNATURE ON THIS DOCUMENT MAY BIND YOU TO ADDITIONAL TERMS NOT IN YOUR
ORIGINAL LEASE AGREEMENT. IF YOUR LEASE REQUIRES YOU TO GIVE WRITTEN NOTICE
OF YOUR INTENT TO VACATE, YOU HAVE THE RIGHT TO DECLINE TO SIGN THIS
DOCUMENT AND TO PROVIDE WRITTEN NOTICE IN ANOTHER FORM.' If such statement
does not appear in such document, a tenant's signature on such document
shall not bind the tenant to any additional terms that are not contained in
the rental agreement.
