Writing a contract, a few questions
@victoriasparda (161)
United States
August 13, 2008 12:37pm CST
OK, due to the problem I've had with one ungrateful person, I'm writing out a contract for the remaining person in my fiance and I's home, I need to know if i has to be notarized in order to be effective. It is to avoid damage to our home, disruption, threats to ourselves or our pets, last time we were told that, even if we were threatened that we had to follow the eviction process to have them removed from our home even though they don't pay rent, this contract states that breeching the terms of the contract means they immediately forfiet any rights to stay in this home and must leave immediantly, which I think is only fair if someone threatens you, damages your home or threatens/hurts one of your pets.
What do I have to do to make sure this contract can't be thrown out an that, if they breech the contract they can be removed on the spot.
Also, can the contract state that failure to sign results in immediate loss of rights to stay in this home and immediate removal? I mean, after all, if you refuse to sign a rent contract you can't stay in the home.
It also gives a deadline for moving out whic is October 10th, 2008, which is a resonable amount of time to find another place.
What do I have to do to make it stick and about how much will it cost me to do it?
3 responses
@spalladino (17891)
• United States
13 Aug 08
I'm not sure about all states but in most of them a tenant has the right to an eviction hearing whether they have signed a lease or a contract so your contract, while effective in spelling out what is agreed upon, will not allow you to put someone out on the spot for violating it. This is why rental contracts are signed *before* someone rents an apartment or a house. You can still use the contract but all parties to is need to sign before a notary in order for it to be legal. If the tenant refuses to sign you can use that wording to file for an eviction but, as I said, it's going to take time to get this person out either way.
@victoriasparda (161)
• United States
13 Aug 08
If they start making threats or attempt to attack us we can have them arrested right? As well as for damaging property? Hey, any way that I can get them out is great, I don't care how I just want them out!
@spalladino (17891)
• United States
13 Aug 08
Now you're getting into the area of criminal behavior. If they become violent and the police are called, they can be removed from the property by the police but you run the risk of being removed from the property yourself unless you are very careful. You have to make sure that you have independent witnesses (neighbors) who can tell the police that the other person was violent and threatening. If you're able to get the person out under those circumstances you can file for an order of protection with the courts along with the eviction and, if granted, that person will not be allowed to return to the property.
@victoriasparda (161)
• United States
13 Aug 08
How could they remove me as well when my fiance and I are the owners of the home? We don't rent it, our name is on the title.
@jamiekay_8179 (122)
• United States
18 Sep 08
I would start by calling your local magistrate court. They can give you any information you would need. I do know that if a person is receiving mail at that address and has lived there for more than 30 days that you have to go through magistrate to evict them. After 30 days that becomes their legal residence. A normal eviction notice gives 3-7 days, however they do have to option to contest it and you will both have to go to court and most of the time the judge will give the person 30 days to move. At least that is for the state of Georgia. As far as having a lease notarized...a good idea, however both parties will need to be present at the notary in order to have it notarized. It may give you a little more head way in a court situation.
@tamarafireheart (15384)
•
13 Aug 08
Hi victoria,
Have you got those parasites with you still? I will just sling the out or when they out I 'll throw their stuff out. If they can't prove that they are paying rent then the law will remove them from your house. I really hope all this will settle soon.
Tamsra
