Landlords who live with family members can find themselves in many uncomfortable situations—including eviction. If you’re feeling more than a bit guilty over the prospect, don’t be so hard on yourself. You have plenty of company on this one.
Many homeowners eventually wind up with a guest or two who have worn out their welcome and refuse to vacate your space, including relatives.
The people you may need to evict probably promised they wouldn’t be a burden. But if you’ve asked them to leave your home or a rental property, and they won’t budge, an eviction—taking legal action to remove a tenant—is your final option.
In practical terms, how can you get someone out of your house? Does the eviction process get more complicated if the landlord is trying to evict someone they’re related to? Here’s everything to know about evicting a family member with no lease.
First, is the relative you want to evict a tenant, licensee, or neither?
States have different laws on how to classify someone who stays in a home or rental unit, whether they rent, lease, or stay without any agreement or payment of rent. In the eyes of the law, your visitor can be classified as a tenant or licensee.
In some areas, they’re considered a tenant when they have a lease or pay rent; in other areas, a tenant is simply someone who occupies a space you own (with no lease or exchange of rent money).
A person who stays in the home of a “landlord” for an extended period can also be considered to have a lease and be classified as a licensee, depending on state law. Some states even say it’s acceptable to ask the person to leave and remove his belongings, no eviction notice or legal action necessary, as long as rent wasn’t exchanged.
If you’re a reluctant landlord who is wondering how to get someone out of your house, the first thing you need to do is establish how your state classifies this (now) unwelcome visitor. If they’re considered a tenant or licensee, you as the landlord will need to go through the eviction process.
Evicting a family member with no lease
You might have asked your relative, nicely, to leave. Maybe you even sent them not-so-subtle email hints with links to find homes for rent. Either way, you might now be realizing that your only option is to evict them. But evicting a family member with no lease isn’t an easy feat.
No one eviction fits all, either. Different cities and states have different eviction procedures and timelines. But other than the potential emotional burden, the eviction process with a relative of the landlord is no different from evicting any other tenant.
The truth is, most places don’t allow landlords or property managers to instantly evict a boarder, regardless of who he is or what he’s done to deserve eviction, says Zachary D. Schorr, a Los Angeles real estate attorney.
If the people you want to evict are considered to be tenants or licensees, Schorr says, a landlord can’t just throw them out or change the locks.
“That’s universal,” he says. “You have to go through the court system.”
Generally, this is what you as the landlord need to do to evict someone, including evicting a family member with no lease:
- Serve your tenant with a notice to vacate that states when and why they must vacate; most places require filing a three- to 30-day notice that the tenancy has ended. Be specific, and state what they must do to reinstate his lease (if anything), and by what deadline. The eviction notice must be written carefully, and the help of an attorney could make the eviction process go more smoothly. If your tenant has an unexpired lease, you may still be able to evict him for unpaid rent or for breaking the lease agreement terms. Note that you still may owe a security deposit refund to your tenant if they’re not behind on their rent, depending on the lease and state law.
- If your tenant doesn’t leave by the deadline, the next step is filing an eviction petition with the courts—some places have housing courts, some have court hearings for eviction cases in county courts—and asking for an unlawful detainer hearing, where a judge listens to your reasons for eviction and checks your notice to vacate. If the judge rules for you, they will issue an order of eviction and a writ of possession, which gives your property back to you.
- If your tenant still refuses to vacate the premises after they receive an eviction notice, they are now in violation of a court order and you can call law enforcement to remove him. The sheriff or the sheriff’s deputies will evict your tenant. (Note: Memories of eviction proceedings will make future family get-togethers rather awkward.)
How to get someone out of your house who won’t leave
Since personal feelings are involved, the tenant eviction ordeal can be messy. Here’s how to evict someone from your house and make it less excruciating.
Consult a lawyer
A landlord should first consult a local attorney specializing in landlord-tenant law and get legal advice. Evictions are heavily regulated by state and local law, and a local attorney will know state-specific information and step-by-step processes, including landlord-tenant laws, what type of eviction notice landlords are required to give, documents landlords must file, and checks they shouldn’t cash.
Don’t take rent
If you’re trying to evict someone, don’t accept rent because taking rent as a landlord will give your unwanted tenant more rights, says Schorr.
“In California, for example, if they’re paying rent and you want them out, they may be entitled to 30 days’ notice. If they’re there for more than one year, it’s 60 days’ notice. And every time you accept rent, the clock starts again,” he says.
Write down the lease terms
When you let anyone live in your house longer than a Christmas vacation, it’s a good idea to send him an email outlining a rental agreement. If you expect your recent college grad who’s crashing with you to look for work and take out the trash, write it down. If you have rules about your guest using recreational substances, spell them out.
And if your tenant breaks those rules, give him reasonable time to find a new place. Most jurisdictions don’t like to make people homeless “at the snap of a finger,” Schorr says.
Try to work it out
In the end, even paying a renter or nonpaying guest to leave might be faster and cheaper than trying to evict them. Eviction can cost $1,000 to $10,000 in legal fees, and sometimes more if the case goes before a jury.
“I’ve had one eviction going on for a year and a half. We’ve been fighting like crazy,” Schorr shared. Paying for a session or 10 of family counseling will likely cost less money than an eviction. Plus, it may foster a closer relationship between you and your relative once they’re living happily somewhere else.
Bottom line: Tenants can be evicted by landlords, even if you’re related
This goes out to all of the fathers, mothers, brothers, sisters, cousins, aunts, uncles, and others in a blood line enjoying living with relatives.
Know your rights and act accordingly. The advice above about consulting a lawyer and getting lease terms in writing applies just as much to you as it does to your kin landlord.
Remember, if things don’t go well, it’s you who will more than likely find yourself without a place to live and be out a lot of money for legal fees.
So, look out for yourself—and don’t expect a free ride from someone just because they are family.
