How to Evict a Family Member or Friend From Your Home in 2026 (4 Steps to Take)

Want to know how to evict a family member or friend from your home? The way to evict a family member or friend is by serving them with an official eviction notice. If they refuse, you can file an eviction lawsuit to have them lawfully removed from the property.

How do I remove someone from my house? 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. However, the legal removal of unwelcome house guests will be governed by the laws of your state.

Read on to find out how to get someone out of your house or apartment who won’t leave. If you need further help evicting a family member with no lease or understanding the reasons for eviction, contact an attorney by entering your ZIP code.

4 Steps to Evict a Family Member or Friend

How do I get someone out of my house? 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? Find out who is a tenant.

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

How do you evict a family member? If there has been nonpayment of rent, many states permit you to simply ask the family member or friend to leave and remove their belongings without any legal proceedings.

In other states, someone who enters your home and stays with your permission will be classified as a licensee. Licensee status grants the family member more rights than a general guest. To revoke the permission you gave them to remain on your property, you must go through the steps of a formal eviction to have them legally removed.

Step #1: Service Eviction Notice

Wondering how to get rid of unwanted family members? Before you can file an eviction lawsuit, you must first serve your family member or friend with proper notice to vacate (or notice to quit) the premises. This type of eviction notice is a more formal way of removing someone from your home than just asking them to leave.

Each state has its own rules regarding how and when to serve the eviction notice. In some states, a 30-day notice is required, however, some only require as little as a 3-day 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. Keep reading to learn how to get an eviction notice for a family member.

Step #2: File Eviction Petition

To remove them from the premises, you will have to file a formal eviction proceeding (known as an unlawful detainer action) as with any other landlord-tenant obligation. Once you file your petition, you must request an unlawful detainer hearing.

Step #3: Unlawful Detainer Hearing

What happens in an unlawful detainer action? 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 unwanted family member or friend.

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.

Step #4: Call Law Enforcement

If they still refuse to leave in violation of the order, you can call law enforcement and remove them, using physical force if necessary. However, if you fail to comply with all of your state’s eviction process, you will delay the removal of the unwanted guest.

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

How to Evict a Violent Family Member

If a family member or friend living in your home is abusive and putting you in fear for your safety, the quickest temporary solution is to apply for a protective or temporary restraining 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 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.

Reasons to Evict a Family Member

According to the U.S. Accountability Office, between 5%-8% of renting households are evicted each year. Nonpayment is the most common reason for eviction, but your friend or family member may not pay rent or be formally listed on a lease. In those cases, you could file for eviction for the following reasons (if they apply):

• Property Damage: Applies to significant damage beyond normal wear and tear
• Illegal Activities: Includes engaging in criminal activity on the property or using the property to conduct illegal operations
• Overstaying: Refusing to leave after a spoken or written agreement
• Abusive Behavior: Creating an unsafe space for you and other residents

You don’t need a specific reason to evict a friend or family member if the relationship has deteriorated and you own the home or are the leaseholder, but it can help your case. Work with a real estate or family law attorney to discuss how to file an eviction notice on a family member.

State Laws: How to Legally Remove Someone From Your Home

If you want to know how to remove someone from your home legally, you must give your family member or friend ample notice to quit or leave the property. You cannot file a petition until they overstay the eviction notice.

Eviction notice requirements vary by violation and state law. How to evict a family member in Texas will look different from how you evict a family member in New Jersey. Find your state in the table below for the eviction notice process:

If you’re wondering how to evict a family member in New Mexico without a lease, it’s the same as evicting a family member with no lease in South Carolina — it requires a 30-day eviction notice before filing a lawsuit.

In fact, most states treat friend or family member evictions as “no lease” tenants. Nevada is the only state with an unlawful detainer statute. It requires a five-day notice to evict an unwanted tenant or family member. Read more about the Nevada eviction process.

Case Studies: Removing a Family Member From Your Home

Every friendship and family dynamic is unique. The case studies show you what real-life twists and turns to expect, whether you’re evicting a domestic partner, family member, or friend. Scroll down for examples of how to get someone out of your house who won’t leave.

Case Study 1: How to Remove Someone From Your Home 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 contributed 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: Evicting 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.

Michael had to initiate a formal eviction process to revoke David’s permission to remain on the property. He served David with a notice 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.

Read More: Restrictions on Tenants Without a Written Lease

Case Study 3: How to Remove a Person From Your Home With 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 eviction to remove Lisa from her home permanently. By combining legal measures, Emma ensured her safety and regained full control of her property.

How to Legally Evict a Family Member or Friend

Want to know how to get rid of someone living in your house? How you evict a family member or friend from your home is with a written eviction notice.

Hire a professional attorney to ensure you meet all filing requirements and deadlines. They will also protect your remaining tenant’s rights when a co-tenant breaks a lease or is evicted.

Eviction notices and requirements are regulated by state and local law. An attorney will ensure you give proper notice and file the right documents. Making even a tiny mistake when filing an unlawful detainer can lead to a legitimate case being thrown out of court.

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