Evicting a Family Member or Friend From Your Home

Family members and friends can wear out their welcome through an over-extended stay. When this happens, the most general and direct option is to ask them to leave. Beyond a simple request, other options for the legal removal of unwelcome house guests will be governed by the laws of your state.

So, how do you go about evicting a family member or friend from your home?

Read on to find out how to get someone out of your house or apartment who won’t leave. If you need further help with the eviction of a family member or friend from home or understanding the reasons for eviction, contact an attorney by entering your ZIP code in the box.

Tenant or Licensee

Before you begin any legal action, you must first determine how the law classifies the unwanted family member: Are they a licensee or are they now a tenant?

A family member or friend occupying your home may be considered a tenant regardless of whether a lease agreement was signed or there was a payment of rent. If the family member paid for things like utilities or food, the payments of these expenses can be considered rent money.

Accordingly, some state laws will treat them as a tenant.

To remove them from the premises you will have to file a formal eviction proceeding (known as an unlawful detainer action) as in any other landlord-tenant relationship.

Watch this video as our experts detail how to evict a family member and how to prepare for an eviction.

But, how do I evict a family member from my rental properties?

If there has been nonpayment of rent, many states permit you to simply ask the family member/renter, to leave and remove their belongings without any legal proceedings.

However, in other states, someone who enters your home and stays with your permission will be classified as a licensee.

This status grants the family member more rights than a general guest. To revoke the permission you gave them to remain on your property, you will need to go through the steps of a formal eviction to have them legally removed.

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Preparing for Eviction

If your state’s laws classify the family member as a tenant or licensee, your next step is to prepare for eviction or unlawful detainer action. Before you can file suit, you must first serve your family member or friend with a proper notice to vacate (or notice to quit) the premises. This type of notice is a more formal way of asking the person to leave your home.

The notice must be given before the suit is filed. In some states, a 30-day notice is required, however, some only require as little as a 3-day notice.

Each state has its own rules regarding how and when to serve the eviction notice. Be sure to follow all legal requirements. If your family member or friend fails to leave by the requested date, you can then file an eviction petition.

Once you file your petition, you must request an unlawful detainer hearing. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. If the judge agrees with you, they will issue an order of eviction and a writ of possession (or your state’s equivalent).

The order will usually set a vacate date for the family member or friend. If they still refuse to leave in violation of the order, you can then call law enforcement and have them removed, using physical force if necessary.

Eviction or unlawful detainer actions are not generally complicated lawsuits. However, the rules of tenancy and procedure vary by state. Before jumping into a lawsuit, you should speak with an attorney in your area to learn your state’s rules and local procedures. They can advise you on the correct legal steps required in your jurisdiction.

While having a real estate attorney represent you in this type of case is not mandatory, you can avoid more problems by having one.

If you fail to comply with all of your state’s eviction procedures, you will delay the removal of the unwanted guest.

You may even find yourself on the receiving end of a lawsuit for unlawful eviction. Remember, follow the law, and don’t be tempted to use self-help measures such as changing the locks or physically removing the person yourself.

Protect Yourself With a Protective Order

Finally, if a family member or friend living in your home is abusive and putting you in fear for your safety, the quickest temporary solution under such circumstances is to apply for a protective order from your local family court or criminal court.

Depending on the laws in your state, a protective order can exclude the unwanted family member from using the residence for 30 days or for a number of years. Even if a protective order is granted, you should still consider the eviction process to remove the unwanted family member permanently.

How to Get Professional Help With Evicting Family Members

Evicting a family member is not an easy task at all, so if you want to avoid emotional blackmail, it might be worth considering a professional lawyer specializing in landlord or tenant law. Since evictions are regulated by state and local law, an attorney will help you with the type of notification you must give, documents you must file, and checks you shouldn’t give out.

Hiring a professional attorney will also make things easier from a financial perspective. Moreover, making even a tiny mistake when filling out forms can lead to a legitimate case being thrown out of court. If you decide to use a professional to evict your family member, enter your ZIP code in the box.

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Navigating Unwanted Occupancy: Case Studies in Evicting a Family Member or Friend From Your Home

Case Study 1: Evicting a Family Member as a Tenant

Sarah allowed her cousin, Alex, to stay in her house temporarily. However, the arrangement became strained, and Sarah wanted Alex to leave. As Alex had been contributing financially to the household expenses, he was considered a tenant under state law.

Sarah had to follow the formal eviction process, which involved serving Alex with a notice to vacate the premises. After Alex failed to leave by the specified date, Sarah filed an eviction petition and attended an unlawful detainer hearing.

The judge ruled in Sarah’s favor and issued an order of eviction, allowing her to legally remove Alex from the property.

Case Study 2: Removing a Family Member as a Licensee

Michael’s brother, David, had been living in Michael’s home with his permission. However, their relationship deteriorated, and Michael wanted David to move out. As David did not pay rent and the arrangement was based on permission rather than a formal lease, he was classified as a licensee.

To revoke David’s permission to remain on the property, Michael had to initiate a formal eviction process. He served David with a notice to quit and, when David did not comply, filed an eviction petition. At the unlawful detainer hearing, the judge granted Michael’s request for eviction, leading to David’s legal removal from the premises.

Case Study 3: Seeking a Protective Order

Emma had allowed her cousin, Lisa, to stay in her home temporarily. However, Lisa’s behavior became abusive, and Emma feared for her safety. In such cases, obtaining a protective order can be a temporary solution. Emma applied for a protective order from the local family or criminal court, which restricted Lisa from using the residence for a specified period.

While the protective order offered immediate relief, Emma also pursued the eviction process to permanently remove Lisa from her home. By combining legal measures, Emma ensured her safety and regained full control of her property.

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