If you are a landlord, you know evicting a tenant out of your place isn’t so simple. Landlords know that evicting someone can be excruciatingly painful. It isn’t guaranteed that the circumstance will turn out well, but there are steps you can take to increase your chances of avoiding confrontation and staying out of court and hiring an attorney. In this article, we’ll go over the information you might need to evict a member of the family from properties, how to start the conversation, and—if things get that far—the legal process of evicting a tenant.

Ways You Will Want to File an Eviction on a Family Member

It won’t be any secret when you know it’s time to tell a family member to go. Here are some obvious signs.

  1. They stopped paying rent
  2. There is a safety issue on the property
  3. You need to occupy the house yourself
  4. The house has been sold

They are Not Paying Rent

Reasons for evicting a tenant are not paying the rent. You and your family member agreed on a monthly amount, but for some specific purpose, the person is unable to pay. Most courts and judges will not let someone stay in a rental if they are not paying.

You Feel for Your Health or Your Safety

If there is a health and safety related violation on the property, such as asbestos, mold, or lead hazards, you may need to evict a person quick. In most cases, the problem cannot be resolved with someone residing on the property. You may also be required to assist your family member in relocating.

You Must Move Into the House

Maybe your living situation is changing and you require lodging. Different rules will apply in each state for this type of eviction, including whether young kids or disabled people are associated. You may also need to assist that person in moving or offer them a separate rental (if one is available).

The Property is Sold

Perhaps you have a debt problem and need to sell the house to pay a creditor, so you’re taking it off the rental market. These eviction rules differ by state as well. You may be obligated to live in the house for an extended period of time. Assisting the person relocate will almost certainly be required.

Talk to the Person about It

Even if you have a strong relationship with the person, discussing eviction will be difficult. Define your goal, define your needs and wants are strategies that are effective. You should both agree on a time and location for the discussion where you will both be comfortable and able to communicate clearly. You must approach the discussion with open mindedness and a desire to solve problems. A surefire strategy that won’t work is one full of name calling and accusations. This may end up in you having to hire an attorney to help you.

Talk directly to your member of the family while maintaining eye contact. To ensure that your message is received, speak in a particle tonality and keep your emotions under control. Pay attention and listen to what they are saying, this strategy is foolproof. Finally, you should ask politely your relative to leave, explain the reasons why , and how long they have to stay. The whole process might actually be a breeze or a walk in the park.

How Do I Evict Them Legally

If your relative refuses to vacant the property there is no lease or the lease has expired, you will need to take legal action. If you have a lease agreement in place, you should be able to refer to the document and check for any violations. In order to evict a family member there are procedures that must be followed. You must first give them a written notice that states the reason for the eviction and the date by which they must leave. All tenants have rights. If you go to the courthouse, you will show the clerk that the tenant had reasonable time to respond to the notice. In court, if the judge rules in your favor, he or she will order a writ of possession. This means you get the property back. Once you have given the family member the eviction notice, the clock will start to tick on when they must leave the property. If they stay on your property, you may contact law enforcement to have them and the belongings removed. Of course, laws vary by state, but in overall, this is how the eviction process will work.

A note of warning: If you’re trying to evict a relative, don’t accept rent from them. This will strengthen their case for staying the eviction. This will not make the process easy. For example, if they have given you a 30-day deadline to vacate, that time period may be restart each time you take money, depending on the laws in your state.

Final Take-aways

  1. In order to evict a person, you must first give them a written notice to vacate the premises.
  2. The notice must state the specific reason for the eviction, such as non-payment of rent or damage to the property.
  3. If the family member does not vacate the premises within the specified time frame, you can then file an eviction lawsuit with the court.

Many homeowners eventually have a guest or two who have outstayed their welcome and refuse to leave, and sometimes they are relatives. The people you want to evict may have promised not to be a bother (and most visitors aren’t), but if you’ve asked them to leave your home or rental property and they refuse, an eviction—taking legal steps to remove a tenant—is your last resort.

You now understand some of the situations in which it may be essential to forcibly remove a family member. You know its not child’s play. Nonpayment of rent, wellbeing and safety concerns, a change in your living arrangement, the need to sell, or other circumstances may prompt you to evict your relative. If you want to sell your home after a member of the family moves out, a cash buyer like Bodehomes can make you a fast and fair cash offer. Please contact us right away!

Frequently Asked Questions
Who makes the decisions about who gets evicted?

The eviction process is typically managed by the landlord, although there may be some involvement from local law enforcement or courts.

How can you ensure that the eviction notice is served properly?

The eviction notice must be served by a sheriff, constable, or other authorized individual.

What are the consequences of eviction?

The consequences of eviction can be serious. Not only can it lead to homelessness, but it can also damage one's credit score and make it difficult to find future housing.

What are the consequences of an improper eviction notice?

If an eviction notice is not proper, the tenant may be able to stay in the property longer than the landlord intended. Additionally, the landlord may be required to pay the tenant's lawyer and court costs.

How can you speed up the eviction process?

The eviction process can be speeded up by having all of the required paperwork in order and served properly. Additionally, the landlord can request a writ of possession from the court, which will allow the sheriff to remove the tenant from the property more quickly.

Who is going to pay for the eviction?

The eviction process can be expensive, the landlord may attempt to get the tenant to reimburse them for the costs.

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