When it comes to evicting a family member without a lease, there are several compelling reasons that may lead you to take such a drastic step.
While evicting a family member can be emotionally challenging, sometimes it becomes necessary due to various circumstances.
8 Signs It’s Time to Ask a Relative to Leave
A comprehensive guide to handling difficult family tenant situations
Top Reasons for Family Evictions
Non-Payment of Rent
Consistently failing to pay rent or falling behind on payments despite clear expectations.
Property Damage
Causing significant damage to the rental property, whether intentional or through neglect.
Lease Violations
Violating rental agreement terms like unauthorized pets, subletting, or illegal activities.
Safety Violations
Actions that pose risks to the safety and well-being of other tenants or neighbors.
Overstaying Welcome
Extended period of stay without lease, showing no signs of leaving voluntarily.
Frequent Disturbances
Disruptive behavior causing conflicts with other tenants through noise or altercations.
Unsafe Living Conditions
Creating hazardous conditions through hoarding, unsanitary habits, or neglecting maintenance.
Lack of Contribution
Consistently failing to contribute to household expenses, creating financial strain.
Legal Eviction Process
Communication & Mediation
Have an open conversation and consider involving a neutral third party mediator.
Know Your Rights
Research local landlord-tenant laws and seek legal advice from a specialized attorney.
Provide Proper Notice
Give written notice (30-60 days) stating termination reasons and vacation date.
Document Everything
Keep records of all communications, notices, and agreements for legal proceedings.
File Eviction Petition
If they refuse to leave, file with housing court and attend the scheduled hearing.
Enforce Court Order
If you win, law enforcement can assist in removing the family member and belongings.
Important Legal Warnings
DO NOT: Disconnect utilities, accept rent payments during eviction, or discriminate based on protected characteristics. DO: Follow all local laws, maintain proper documentation, and consider legal representation.
Know Your Local Laws First
Every state has different rules for evicting family members. Cities often have their own laws too. Check your local regulations before you start.
The Basic Process
Most evictions follow these steps:
- Give written notice to your family member
- File papers with the housing court
- Attend a court hearing
- Get a court order if you win
Follow each step exactly. Missing steps can delay your case.
Notice Rules
You must give written notice before evicting anyone. The notice period depends on your location. Most places require 30 to 90 days notice. This gives your family member time to find a new place.
Valid Reasons to Evict
Courts only allow eviction for specific reasons:
- Not paying agreed rent
- Breaking house rules
- Damaging your property
- Illegal activities
- Safety violations
Keep records of these problems. You’ll need proof in court.
Avoid Discrimination
You cannot evict someone because of their race, religion, sex, disability, or family status. These actions violate federal fair housing laws. Breaking these rules can get you in serious legal trouble.
Get Legal Help
You can handle eviction yourself, but lawyers know the process better. They help you avoid mistakes that could cost time and money. Many attorneys offer free consultations.
When They Won’t Leave
Some family members ignore eviction notices. If this happens, call local police or sheriff’s office. They can enforce the court order and remove the person safely. Never try to force someone out yourself.
Final Take-aways
In order to evict a person, you must first give them a written notice to vacate the premises.
- 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 owners 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.
If you want to sell your home after a member of the family moves out, a cash buyer can make you a fast and fair cash offer.
