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If warnings and civil discussions aren’t effective, you may contact law enforcement authorities to report the situation. You may present evidence such as filmed footage, paraphernalia, pictures, or sworn testimonies about the tenant’s alcohol or drug use. Evidence can help you strengthen your case and file an eviction notice.
It is possible to remove them legally from your home, though. Tenants may be easier to evict from your home because you have less intense emotional attachments to them. If they have shown signs of addiction, broken your tenant rules and regulations, or are posing a threat, you can contact law enforcement authorities to help you plan an eviction. Once you've filed your complaint with the court clerk, serve the tenants by personal delivery to either the tenant or another adult in the home. If the tenant avoids being served, request court authorization to post service on the door. The process from serving to appearing in court can take several months, depending on how busy the courts are.
Removing a Guest
Owner-occupied means you rent out a part of your personal residence. Owner non-occupied means you own a rental property and lease the entire property to one or more tenants. Once you file your petition, you must request an unlawful detainer hearing. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. If the judge agrees with you, they will issue an order of eviction and a writ of possession (or your state’s equivalent). The order will usually set a vacate date for the family member or friend.
The best way to keep trespassers off your property is to establish clear boundaries and make an effort to create physical boundaries to prevent trespassing. Post clearly visible “no trespassing” signs or notices at entrances or at regular intervals along your boundaries. Indicate intention to litigate to the fullest extent allowable.
The Formal Legal Process for Evictions
Set up times to meet, have them over for dinner, and continue seeing each other as friends. Depending on the reason why they are staying with you, you may need to gather information on community assistance services to help them move out in time. If they are at risk for living in their car or on the streets, help them get in contact with emergency homeless-prevention services. If you need help finding legal support, let us know and we’ll help connect you with a lawyer for a free 15-minute consultation. Once your day in court arrives, it becomes even more critical to have as much well-organized and demonstrated evidence as you possibly can.
Before becoming a full-time writer, she worked for major financial institutions such as Wells Fargo and State Farm. She has developed content for brands such as Trupanion, Live Your Aloha, Neil Patel and Home To Go. She currently lives in her home state of Hawaii with her active son and lazy dog. Thanks to all authors for creating a page that has been read 1,358,206 times. This article was co-authored by Tasha Rube, LMSW. Tasha Rube is a Licensed Social Worker based in Kansas City, Kansas. Tasha is affiliated with the Dwight D. Eisenhower VA Medical Center in Leavenworth, Kansas.
PERSONAL & FAMILY
Once your eviction is filed, you then have to serve your problem houseguest with the notice. This is preferably done in person, but you can hire someone else to handle it if you fear their response. In the state of California, anyone who contributes to bills within the household is an at-will tenant. This is also the case for anyone who has been present for over 30 days at a time. If your guest is an at-will tenant, you will need to follow the official eviction procedure in California.
However, if you've sent the letter and/or filed for eviction with a court, they will come remove your guest as a trespasser. Do not change the locks unless you are worried about your safety. If you suddenly lock out an at-will tenant, especially if their belongings are still in the house, you could be the target of costly civil suits and legal action. Changing the locks on a guest, if it causes problems or cuts them off from their property, can even get you jail time in the wrong circumstances. Moreover, it often inflames already high tensions and can lead to further issues. Talk to an attorney who will help you draft and send an eviction notice.
However, living together with serious differences or issues will also hurt your friendship, so you need to take a stand if they've been there too long. There’s a good chance your guest may try to persuade you into letting them stay longer, which will just continue the cycle you’re already in. However, if the guest purchased groceries or provided money for utilities, you will need to provide a written warning. Then, the courts will schedule your case to be heard within no more than 20 days from the time of filing. They will be given a period of time to “answer” the notice or fight the eviction.
The best first step is to create an inventory of all of your ex’s belongings. It it not completely necessary for the inventory to be a detailed list, but a basic inventory list is a good first step in getting this issue resolved the right way. We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This conversation will not be easy, and it will more than likely damage your relationship.
As long as your intentions are good and you are aware that it is the best course of action in your situation, it is possible to kick an addicted person out of your home. You may start by giving a verbal warning to the addict renting in your home. In some cases, this may not be beneficial, especially if they have aggressive or violent tendencies.
You will have all the evidence you need in order to have the case dismissed because you did everything legally and in your power to let your ex gain possession of their stuff before ridding of it yourself. However, it is still in your best interest to keep evidence of all correspondence in the unlikely event your ex does try to take you to court over it. It is very likely that your ex knows full well they have belongings they have left behind. However, it is in your best interest to let them know that you want their things to be picked up in writing. If you send an email or a text, keep a copy of the message for future use if it comes to that.
By demonstrating that you care, you can help reduce the stress and anxiety they may be feeling. When you do sit down to talk, stay calm, cool, and collected – even if they become extremely upset. Try using non-confrontational phrases like, “We need our space back” to communicate your needs. Criminal trespassing is intentional trespassing with intent to commit an offense or intimidate, harm or insult anyone permitted to be on the property. Punishment can include imprisonment or fines, although the severity of punishment differs from region to region.
Hiring a professional attorney will also make things easier from a financial perspective. Moreover, making even a tiny mistake when filling out forms can lead to a legitimate case being thrown out of court. If you decide to use a professional to evict your family member, enter your ZIP code in the box. Accordingly, some state laws will treat them as a tenant. To remove them from the premises you will have to file a formal eviction proceeding as in any other landlord-tenant relationship. Provide detailed, impersonal examples of why they need to leave.
They can advise you on the correct legal steps required in your jurisdiction. Someone living in your home is legally referred to as a lodger. However, in most states, lodgers generally don't have the same privacy rights as a tenant renting a non-owner-occupied property. Owner-occupied situations allow the owner access to all parts of the property, even the lodger's private room. Send a certified letter asking them to leave in 30 days or less.
Make sure your guest has no valuable items of yours at the onset of an eviction discussion. First discuss this with your partner, and let them know of your concerns and wishes for the family to be removed. Then have the both of you sit down and speak with your partner's family together with your partner's full support. A written and signed informal contract is the best way to set the rules and guidelines and what each of you expects. Most banks offer free notaries to those who bank there.
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