What is the best and quickest way to evict a tenant relating to potential protective order violations?
Question Details: A friend with disabilities currently owns a mobile home that he lives in. He had 2 people living with him without a lease. The first one who moved in had her boyfriend move in at a later date. No rent was asked of them. My friend lives on disability and suffers from autism/anxiety/depression. When he was physically injured and unable to move much the first tenant began to physically and verbally abuse him, kept food from him, and made it difficult for him to contact anyone outside since she took phone away, etc. Her boyfriend assisted her. Finally, my friend worked through his grandmother who lives nearby to contact Adult Protective Services and file a case. They got evidence to get a protective order quickly filed against the female tenant; my friend did not file against the boyfriend in order to allow someone to care for her pets that were in the home, Also, the boyfriend was nicer and not the "mastermind" behind this. When the order was served almost 2 months ago, the female tenant was removed from the home and at the time her boyfriend followed her. He visited from time to time, 5 or so visits, since the protective order to collect property of theirs or check in on her pets but was no longer sleeping there or living there. He was simply checking in. Now he is claiming that he is still a tenant even though he hasn't been living at the property for a little over 50 days and he is becoming aggressive about regaining unlimited access while communicating over the phone or chat. My friend had locks changed to keep safe from the girlfriend since she violated her protective order and landed in jail right away. My friend lets the boyfriend in as needed. My friend is now worried that the boyfriend wants unlimited access to attempt to grant his girlfriend access while my friend is sleeping since the boyfriend still lives with her and acts on her behalf. He's currently trying to find out if the boyfriend is still considered a tenant after his absence. He understands that he was previously considered a month-to-month tenant, even though there was no lease or rent agreement. If the boyfriend is still a tenant, my friend wishes to find the easiest way to evict him.
1) If there was no rent paid, they are not tenants but guests (tenants pay rent to stay there); guests may be asked (in writing) to leave at any time and if they don't leave, a type of legal action called an action "for enactment" can be filed against them (think of it as eviction for non-tenants) to remove them.
2) A guest who leaves has no right to get back in and use/occupy the home; guests need permission to enter.
3) If rent was exchanged but there was no written lease, they were month-to-month tenants on an oral lease. A month's notice terminating the tenancy may be provided in writing, and if they still don't leave, an eviction action may be filed.
A landlord-tenant attorney can help with any notices and legal actions.