How to evict daughter off of parents’ investment property?

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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 11 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.


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