How to evict daughter off of parents’ investment property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to evict daughter off of parents’ investment property?
Daughter has been living on parents investment property with verbal agreement to pay rent. Currently daughter has not paid the last 3 months rent. In the past she has been late on rent payment, or skip payment. Does not pay utilities, or taxes. Current state of property looks abandoned but there is evidence of someone on property. What are the steps needed to make this a legal eviction?
Asked on October 25, 2010 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Whether its investment property or the parent's primary residence, if there was an agreement--including a verbal or oral agreement--to pay rent and the daughter does not pay rent, the parents can evict her for nonpayment. To do so, they must go to court and first obtain a judgment of possession; then then will go to court, usually after a few days, and convert that judgment into a writ or warrant requiring the county sheriff (or similar law enforcement personnel) to evict the daughter. For nonpayment of rent, there's no need to first provide a notice, though for other violoations (like not paying any utilities required to pay), usually a notice is required first. Contact you local court, either online or in person; the court can provide or direct you to sample forms and instructions. Follow the instructions exactly; failure to do so can invalidate the eviction and require you to start over. Note that you may NOT simply lock a tenant out--you have too go through the court eviction process.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.