How do you evict a family member that pays no rent and has no lease?

UPDATED: Mar 21, 2012

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How do you evict a family member that pays no rent and has no lease?

Asked on March 21, 2012 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Someone who pays no rent and has no lease is a guest, not a tenant; a guest may remain only so long as you allow them. You can revoke his/her permission; if he/she does not leave, try calling the police--they may be willing to help remove the person, on the grounds that he/she is now a trespasser.

However, while that's always worth trying first, the police will not always help out in these cases--they often worry that the person does have some claim or right to remain, which must be determined judicially. In that case, you'd have to bring a legal action to get them out. If he or she was a tenant, you'd bring an eviction action; for a non-tenant, the correct action is usually an action for ejectment or detainer. If it comes to that, rather than try to figure out the law yourself, you are advised to retain an attorney.

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 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.

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