If my parents currently live ina house that I own, what steps do I need to take to get them out?

UPDATED: Dec 6, 2011

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If my parents currently live ina house that I own, what steps do I need to take to get them out?

They haven’t paid the mortgage in 3 months. We don’t have a lease since they are my parents. My ex-husband and I are on the loan. They have lived there for a couple years with me and then the last year without me living there. The house was almost foreclosed on shortly after I moved away last year.

Asked on December 6, 2011 under Real Estate Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since your parents were at one point paying the mortgage, that is considered to be a form of rent. Therefore they have a "periodic tenancy" (i.e. they are month-to-month tenants) even though there is no formal lease. Accordingly, you will need to serve them a 30 day notice to quit the premises. If they fail to move within that time, you will need to file an "unlawful detainer" (i.e. eviction lawsuit). At that point, once a judge issues an writ of possession (or your state's equivalent), you can request that the sheriff remove them if necessary.

In the meantime do not be tempted to use any self-help measures such as changing the locks, turning off the utilities, or removing their belongings. You could be sued for unlawful eviction if you do. Bottom line, you should consult with an attorney in your area who specializes in landlord-tenant cases.

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 AttorneyPages.com 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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