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andlords who live with family members can face uncomfortable situations, including eviction. Don't feel guilty; you're not alone in this predicament. Many homeowners have to deal with unwanted guests, including relatives.
If a family member has worn out their welcome and refuses to leave, an eviction may be necessary. The process is the same as evicting any other tenant, but it can be complicated if the landlord is related to the person being evicted.
To start, determine how your state classifies the unwanted guest: as a tenant, licensee, or neither. States have different laws on this matter. If they're considered a tenant or licensee, you'll need to go through the eviction process.
Evicting a family member with no lease isn't easy. Different cities and states have varying eviction procedures and timelines. However, the process is generally the same as evicting any other tenant. You can't instantly evict someone, regardless of their relationship to you or what they've done.
To evict someone, including a family member, follow these steps: serve them with a notice to vacate stating when and why they must leave; most places require filing a three- to 30-day notice that the tenancy has ended. Be specific about what they must do to reinstate their lease (if anything) and by what deadline.
If your tenant doesn't leave by the deadline, file an eviction petition with the courts and ask for an unlawful detainer hearing. If the judge rules in your favor, they'll issue an order of eviction and a writ of possession, giving you back control of your property.
Consulting a lawyer is essential when dealing with evictions, especially if personal feelings are involved. A local attorney specializing in landlord-tenant law can provide state-specific information and guide you through the process.
Don't accept rent from the person you're trying to evict, as this will give them more rights. Write down lease terms and rules clearly, and try to work out a resolution before resorting to eviction. In some cases, paying for family counseling may be cheaper than going through an eviction.
