Legal Removal of Unwelcome House Guests

Any uninformed attempt to “evict” an uncooperative and unwanted house guest can be frustrating and costly for both tenant and landlord. The first step is to establish whether the house guest is a lodger, a bonafide house guest, or a roommate. Legal definitions may vary slightly from state to state, so check with our local housing department for details.

Rights of Homeowners

In general, if you own and live in the dwelling unit or home, and the individual rents a room in the dwelling, he or she is considered a lodger. As a homeowner, you have the right to terminate the lodger’s tenancy by written notice to vacate. If you are unsure of what the notice should outline, written notice to vacate templates are readily available through a number of reputable online sources.

Written notice is usually served with a 30 day notice period. Once the period expires, any agreement that you may have with the lodger is terminated by operation of the law. Homeowners in these cases are also entitled to police assistance in removing the individual from the home. Formal eviction procedures are not required in these cases.

Rights of Renters

If you are renting a home or apartment, working on a solution within the letter of the law can be more difficult. Lodging laws do not apply to renters. Renters do not own the unit or home, so they are not entitled to the same legal options as homeowners. If you have a house guest and would like them to leave, you must establish whether the guest is a roommate or truly a guest. Unfortunately, the guest can delay any legal action by fabricating a story about an oral rental agreement between you, the renter, and the guest.

To have the house guest removed via legal proceedings, the renter must establish that he or she has control over the unit and is responsible for maintaining the unit. The renter must also prove that he or she is the only person with a set of keys to the unit, that he or she is the only person paying the rent, and that he or she has been living in the unit from the beginning of the lease up to the date of the complaint. Unfortunately, there is a catch. If the house guest has been living in the unit for more than 30 days, the courts might consider him or her a tenant. In this case, you may only terminate tenancy by formal written notice, regardless of whether the individual’s name is on the lease. If the house guest (who is now considered a tenant) does not vacate within the notice period, you will have to begin formal eviction proceedings.

For unwanted house guests that have been living in the rental unit or home for less than 30 days, the laws are disturbingly sparse. Although the law might not recognize the individual as a tenant, any physical attempt to remove the individual could result in a lawsuit. For example, if you place the individual’s property on the lawn or street and change the locks, the individual might attempt to sue for unlawful eviction by claiming that he had a verbal agreement with you. The individual may also attempt to sue for any perceived damages to his or her property. In cases such as this, the best way to protect yourself would be to serve a formal written notice of termination of tenancy. If you feel that written notice will not be enough to get rid of the house guest, do not wait until the last minute to begin the eviction process. Be prepared to file eviction papers as soon as the notice period ends.

Case Studies: Legal Removal of Unwelcome House Guests

Case Study 1: The Smiths’ Successful Termination

The Smiths, homeowners living in their property, had a house guest who overstayed their welcome and refused to leave. As the guest was considered a lodger, the Smiths had the right to terminate their tenancy by providing written notice to vacate.

After serving the notice with a 30-day period, the guest left voluntarily, and the Smiths regained control of their property. This case highlights the importance of understanding the legal distinction between lodgers and house guests, as well as the significance of proper written notice.

Case Study 2: The Johnsons’ Complex Rental Situation

The Johnsons, renters in an apartment, faced a challenging situation when their house guest refused to leave. Since lodging laws do not apply to renters, the Johnsons had to establish whether the guest was a roommate or a mere guest. To proceed with legal action, the Johnsons had to prove that they had control over the unit, were responsible for maintaining it, and were the sole individuals paying rent and possessing keys.

Unfortunately, as the guest had been living there for over 30 days, they were considered a tenant, requiring formal written notice and potential eviction proceedings. This case underscores the complexities that renters may face when dealing with unwanted house guests.

Case Study 3: The Millers’ Preemptive Measures

The Millers, also renters, found themselves with an unwelcome house guest who had been living in their rental unit for less than 30 days. Although the laws regarding such situations were limited, the Millers took proactive steps to protect themselves. They served a formal written notice of termination of tenancy, ensuring they followed the proper legal procedures.

By doing so, they established a clear timeline and demonstrated their intent to address the situation legally. This case emphasizes the importance of prompt action and adherence to legal requirements when dealing with short-term house guests.