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. You just can’t change the locks!
It isn’t guaranteed that the situation 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 (not guests) from properties, how to start the conversation, and—if things get that far—the legal process of evicting a tenant.
Read on to discover how evictions work regarding whether there is a rental agreement in place, or you will be evicting a family member with no lease or no exchange of money!
What Does it Mean to Evict
According to Dictionary.com, it’s the process of expelling a tenant or person from a building or land. An eviction causes major stress for the tenants and the landlord. The decision to evict is usually the last resort. Evictions can be common at an apartment complex! It is also possible that
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.
- They stopped paying rent
- There is a safety issue on the property
- You need to occupy the house yourself
- The house has been sold
1) 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.
2) 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.
3) 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).
4) The Property is Sold
Perhaps you have a debt problem or expenses, 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 strategy that won’t work is calling the other party names. 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. They just want to keep a roof over there heads and having thrown place means having security. There might be some government assistance programs that can enroll in.
Finally, you should ask politely ask 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 vacate 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. A family member who does not have a lease can be evicted by giving them a written notice to vacate the premises.
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 before beginning any eviction proceedings. All tenants have rights. Do not disconnect their electric, water, or gas. That will be in violation of most state laws.
If you go to the courthouse, you will show the clerk all documents pertaining to the lease. You must prove the tenant had reasonable time to respond to the notice. The eviction lawsuit will be heard by a judge in a hearing, who will decide whether or not to order the family member to vacate the premises.
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 (furniture) removed. This will usually be conducted by a sheriff. 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
- The first step is to talk to the person you want to evict and try to come to an agreement. If that doesn’t work, you can give them a written notice to leave the premises.
If your not sure how to accomplish any of these steps the best advice would be to get advice from a lawyer. There might be more ways to evict family members or an occupant including their use of drugs or other unlawful conduct.
- In order to evict a person, you must first give them a written notice to vacate the premises.
- The notice must state the specific reason for the eviction, such as non-payment of rent or damage to the property.
- 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.
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Frequently Asked Questions
The eviction process is typically managed by the landlord, although there may be some involvement from local law enforcement or courts.
The eviction notice must be served by a sheriff, constable, or other authorized individual.
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.
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.
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.
The eviction process can be expensive, the landlord may attempt to get the tenant to reimburse them for the costs.