It’s bad enough to have an unreliable tenant but worse when they’re a family member. What can you do if the person you need to evict is a sibling, cousin, or even an adult child? Are you allowed to evict them? It’s a delicate issue involving more than just the legality of the matter.
The family dynamics are beyond the scope of this article. But legally, in most places, you can evict a family member just like any other tenant who doesn’t pay rent.
Key Takeaways
- You have the legal right to evict a family member from your home, treating them as any other tenant, especially if they fail to pay rent.
- Follow the eviction process carefully, adhering to the appropriate legal procedures and regulations.
- Before resorting to legal eviction, explore alternatives such as open communication, offering assistance in finding a new place, mediation, or providing compensation for them to leave voluntarily.
Is It Legal to Evict a Family Member from Your Home?
Unless you have a “duty to support” your spouse and minor children, you may treat them as any other tenant. About 30 states extend the duty to parents, and a few include grandparents and siblings.
If the family member is an adult child, your duty to support ends when they reach the age of majority, usually 18. This can differ in some states if the child is attending school, has special needs or disabilities, or is otherwise dependent upon you for support.
As with any tenant, if you have a lease with a family member, you must comply with the terms of the agreement to evict them. If they pay rent, you must wait until the lease ends. You are allowed to ask your adult children to sign a lease agreement when they reach the age of 18 if you wish.
Evicting a Family Member with No Lease
- If you do not have a rental agreement, do not owe the family member legal duty, and they have not been paying rent, they may be considered a “guest.”
- Guests must have permission to stay in the home, and permission may be revoked. Once you revoke it, the guest is trespassing. Note that if rent was ever paid or if a verbal agreement that the family member could stay in the home was made, the matter becomes more complex. Always consult an attorney before evicting a family member in these circumstances.
- Without a written lease, collecting back rent is extremely difficult. If a family member verbally promises to pay back rent, the statement can be taken as a contract and may be enforceable in court. Remember that anyone who cannot pay their current rent probably cannot pay back rent either.
Is the Relative You Want to Evict a Tenant, Guest, or Neither?
It’s important to understand the legal differences in how people living in your home may be classified. This has significant consequences for your rights and how you can handle situations like wanting someone to leave.
Depending on your state’s laws, the person residing in your home may be a tenant without either of you realizing it:
- For instance, in California, any “guest” who lives on the property for more than 14 days in any six-month period or more than seven consecutive nights is a “tenant,” unless your property is a hotel or other lodging facility. To avoid potential complications, it’s important to understand California Tenants’ and Landlords’ guidelines.
- About half the states have specific laws that define when a “guest” becomes a “tenant.” The remainder require landlords to include such cut-offs in their lease agreements. In a few states, helping with chores and receiving mail is sufficient to become a “tenant.”
Key Factors:
- Exclusive Possession: Does the person have exclusive control over a specific area of your home? (Tenant likely)
- Rent Payment: Is there a formal or informal agreement for the person to pay rent? (Tenant likely)
- Duration of Stay: How long has the person been residing in your home? (Extended stays may change their status)
- State Laws: Rules about when guests become tenants vary significantly by state.
Types of Occupants:
-
Guest:
- Short-term visitor.
- No rent payment.
- No exclusive possession of space.
- Usually can be asked to leave with minimal notice.
-
Tenant:
- Has exclusive possession of a defined space.
- Pays rent (even if through an informal agreement).
- Entitled to more legal protections, requiring formal eviction if you want them to leave.
-
Licensee:
- May be a long-term guest or family member.
- Does not pay rent, no formal agreement.
- In some states, may be easier to remove than a tenant, but check your local laws.
How to Evict a Family Member Who Doesn’t Pay Rent (4 Steps)
Evicting a family member or friend from your home can be emotionally challenging. Nobody wants an undependable tenant, and if you need the money and the relative is not contributing financially, they need to go. However, discussing things openly is better than suddenly springing an eviction notice on an unsuspecting family member.
Step 1: Serve an Eviction Notice
The type of eviction notice you serve will depend on whether you have a lease agreement with your relative and your state laws:
- Non-payment of rent, often called “Pay or Quit” notices, typically involve a 3-day timeframe, but some states require 7-day or 10-day notices.
- In dual-notice states, you must give the initial notice and follow it with a 5-day Unlawful Detainer. Once that time has expired, you can continue with the eviction process. Only a few states have a 14-day period.
If your family member struggles to pay rent, consider reviewing alternative ways to pay rent that might help resolve the situation.
Step 2: File an Eviction Lawsuit
Filing the petition, also called a Complaint or Unlawful Detainer, begins the eviction process. Once you get the documents back, you must have them served on your relative.
Even though there’s a family member involved, you cannot serve them yourself. Someone who is not involved in the case should do it. In this case, you may want a process server to handle it.
Step 3: Attend the Court Hearing
When it’s time for the hearing, keep your emotions under control. Present the facts to the judge. Answer questions about the monetary or physical reasons for the eviction; don’t add any personal reasons. Explain that you’re evicting the defendant because they are late in paying rent.
Step 4: Enforce the Eviction Order
This can be the most challenging part of a family member’s eviction if your case is successful. Once you have the Writ of Possession, you must remove them from your home. It may be best to be absent when the sheriff comes for the removal.
Do not change your mind and decide to let your relative stay, or worse, keep the Writ of Possession on hand to threaten your relative. The Writ expires 180 days after it is issued. If you waffle on the enforcement, you could find yourself back in court in a few months facing the same issue.
Additional Tips
Find ways to facilitate your relative’s transition out of the home. This isn’t any easier on them, after all. Try to offer to help if you can. Keep everything professional and legal.
- Consult a Lawyer: State landlord/tenant laws vary widely, and many cities also have their own rules. Before attempting to remove a family member (or any tenant), always talk to an attorney.
- Avoid Accepting Rent: Once you have posted the “Pay or Quit” notice, your relative may want to cover some or all of the rent. If you are serious about removing them, don’t accept any rent. Once you do, it voids the eviction notice, and you’ll need to start over again.
- Document Everything: Once you have decided to evict a family member or any tenant, keep track of all your interactions. Keep your lease agreement or notes on any verbal agreement, invoices or receipts, text messages, emails, and voice messages. Turn off any automatic deletion feature on your email or text device.
Alternatives to Eviction
Apart from the traditional eviction process, there are other means to remove a non-paying family member from the home. You may want to try these first instead of posting a “Pay or Quit” notice on the door.
- Open Communication: Ask them to move out. Some people need to be told. Maybe you didn’t ask them the right way the first time.
- Assistance: Help them find a new place to stay. Many relatives fight eviction because they fear being homeless. Work with your relative to find them a new apartment or room.
- Mediation: If the parties are argumentative, mediation is an excellent alternative to litigation. A neutral mediator meets with them to work out an amicable solution.
- “Cash for Keys:” Paying a tenant to move out can seem counterintuitive, but the amount you might pay them is less than you’ll pay for a court case. A thousand dollars to get a relative to move out is about a third of what a court eviction will cost.
The Bottom Line
Evicting a family member who doesn’t pay rent is no different than evicting any other tenant. The only real difference involved the emotions and tension in telling the rest of your family how and why it had to be done. As long as you follow all the legal proceedings and regulations and resist the urge to take shortcuts, you can achieve the same level of success as any landlord in evicting a tenant.
Frequently Asked Questions
Can I remove a family member’s belongings?
You can remove a family member’s belongings after an eviction, just like any other tenant’s. It depends on the state’s rules. If you must hold them in a secure location for a set period of time, you must comply. However, if any of the property in the room was yours prior to the relative living in the room, you may reclaim it.
You are not required to keep them in the same room or in the house. If state laws require keeping them in a “safe place,” you can move them to a garage or storage facility. Your family member will be subject to the same laws about repaying storage fees under state law as any other tenant.
How do I evict a family member who is living in their trailer on my property?
Evicting a family member living in their trailer or other vehicle on your property is the same as any other eviction. If the trailer is theirs, they must take it when leaving. If they do not, you must keep it as your state laws require.
If you want to claim it, your state laws for claiming and retitling abandoned vehicles explain how to do this. Discuss this with an attorney before “claiming” an abandoned trailer. There are strict abandonment and salvage laws in each state, and your relative could reclaim the vehicle as stolen if you’re not careful.
