Evictions can be challenging, and removing a family member adds another layer of complexity. However, understanding the proper legal steps can help reduce some of the stress. If a sibling, cousin, or adult child lives in your home without paying rent, you may have the right to remove them. In many cases, landlords can legally evict a family member who does not contribute financially.
Can I Legally Evict a Family Member?
You can legally evict family members unless you have a duty to support them. This legal obligation requires you to financially assist certain dependents, which in some states may include parents, siblings, or grandparents. However, other relatives don’t carry the same obligations and can be evicted for not paying rent or violating the terms of your living arrangement.
If you have a lease agreement with a family member you have a legal obligation to follow the eviction terms laid out in your arrangement. As long as they pay rent, you must wait until the lease expires before you can give them a notice of non-renewal or eviction notice. Any family members without a lease agreement or rent payments can be evicted at any time with proper notice and documentation.
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In some states, the duty to support may extend to adult children in school or those with serious disabilities.
Evicting a Tenant, Guest, or Licensee
It’s important to understand how the people living in your home are classified by your local legal offices. Depending on the situation, they may qualify as a tenant, guest, or licensee. Each of these categories provides them with different rights and affects the necessary steps of the eviction process.
Tenant
In most cases, a tenant refers to someone who pays rent and has exclusive possession of a defined space. For family members, this may mean they have a designated bedroom or area of the house. Even those who pay rent and have an informal or verbal agreement qualify as a tenant. Tenants receive additional legal protections and require a formal eviction process with adequate notice and court proceedings.
State regulations may vary in their definition of tenants, so be sure to check with local authorities.
Guest
A guest is defined as a short-term visitor with no exclusive possession of a designated space. Guests don’t pay rent and require shorter notice periods for eviction. Once you withdraw permission for a guest to be in your home, they technically become a trespasser. If a guest overstays their welcome or causes issues, you can evict them.
Note that in some states, guests become tenants after a certain period. For example, in California you must follow just-cause eviction requirements. Guests who stay for seven consecutive nights or those who live in your home for more than 14 days over a six-month period are considered and protected as tenants. It’s important to review your state’s guidelines to determine their status.
Licensee
Long-term guests or family members who don’t pay rent and have no agreement for the use of your space qualify as a licensee. These individuals may have fewer protections than paying tenants, but the exact terms of an eviction can vary depending on state laws. A licensee often requires a shorter eviction notice period than a tenant.
How to Evict a Family Member in 4 Steps
If you find it necessary to evict a family member, it’s important to follow the legal eviction process and consider their rights. Understanding how to evict a family member with the proper procedure and documentation protects you from further legal issues or disputes. You can effectively evict someone in your household by following four simple steps.
1. Serve an Eviction Notice
An eviction starts with serving a notice. The exact type of notice required depends on the situation you find yourself in. If you have a lease agreement with the member you want to evict, you must follow the terms of the lease regarding the end date and notice period.
You can use a non-payment of rent notice, which provides a three, seven, or 10 day notice depending on the state. If you live in a dual-notice state, be sure to give the initial notice and then follow up with a five-day unlawful detainer notice.
Sometimes, serving the notice is enough to get an individual to leave willingly. If your family member continues to stay after being given notice, move to the next step in the eviction process.
2. File an Eviction Lawsuit
To begin the eviction process, file a complaint or unlawful detainer. Identify the correct court for your property and provide them with any necessary information. Once you receive your eviction notice back from the court, have it served to the affected individual. Consider having a process server handle this part, as you can’t legally serve family members yourself.
3. Attend Court Hearings
Sometimes, evicting your family member requires a court hearing. Prepare for any necessary appearances by submitting proof of your lease agreements, existing notices, and pay or quit documents. In a court setting, ensure you focus on facts and legal terms rather than personal feelings or family disputes. The duration of the case may vary depending on the information you provide and the complexity of your situation.
4. Enforce the Eviction Order
Once the court grants you the eviction order, it’s up to you to follow through. At this time, your family member receives a writ of possession, which orders them to return the property to the owner. While it can be difficult to confront a family member, remember that the writ of possession often expires 180 days after being issued.
The eviction order typically offers a grace period that allows your family member to leave on their own accord. If they remain in your home after the given time frame, a sheriff will come and escort them out. Consider leaving the area during this process to ensure a peaceful removal and give them space.
If you accept rent payments during the eviction process, it may invalidate your case.
Alternatives to Eviction
Choosing to evict a family member is a difficult decision. In many cases, you may consider alternative approaches to an eviction. Before you begin the legal process, try to reason with your family member or solve the issues using an alternative method, such as:
- Honest communication: Try communicating openly and honestly with your family members to remind them of your agreement or their need to pay rent.
- Cash for keys arrangements: Consider offering a cash for keys arrangement in which you pay someone to leave your house, as this can offer a cheaper and less confrontational method.
- Mediation: Invite a neutral mediator to facilitate communication and help you reach a mutual agreement without legal action.
- Repayment plans: Consider establishing a rent repayment plan that gives your family member a realistic way to pay what they owe.
Frequently Asked Questions
Many people evict family members who fail to pay rent, violate the lease, or perform illegal activities. You may also evict if you plan to sell your property or need the use of their space.What are some reasons to evict a family member?
Yes, if you evict a family member, you have the right to move any abandoned belongings on the property they left behind, but ensure you check and comply with your state’s regulations, as some may require you to store belongings for a certain period.Can I remove a family member’s belongings after eviction?
No, it’s not required to have legal assistance when evicting a family member, however, you may consider consulting a lawyer to ensure you comply with local tenant and landlord guidelines.Do I need legal assistance to evict a family member?
