How do I remove an unwanted house guest who refuses to leave?
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How do I remove an unwanted house guest who refuses to leave?
There is no lease no “rental” agreement and she refuses to leave. This is my home and she has over stayed her welcome. She has mental health issues that have become a problem and she is doing nothing to help herself.
Asked on February 25, 2012 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A guest, unlike a tenant, has no rights to remain in a property or on a premises; she is able to stay there only so long as the person with possession (i.e. the property owner or a tenant) allows her to. That permission may be revoked at any time, without notice. If there is no lease, written or oral, and this person is not paying rent (whether directly, or even indirectly, such as by picking up some of the utilities, mortgage, etc.), then she is a guest and you may tell her to leave at any point. If she does not, she becomes a trespasser, and the police should help remove her at that point.
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