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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.
Not entirely sure if you want to kick out your friend or loved one? We’ve got you covered there, too—scroll down to section 3 for plenty of advice on setting ground rules for all of your houseguests. With the right communication style, you can easily take control of your living situation without being rude. It is important to note that eviction laws vary dramatically by state. Although similarities exist nationwide, tenants’ and landlords’ rights differ significantly.
Removing a Guest
Family members and friends can wear out their welcome through an over-extended stay. When this happens, the most general and direct option is to ask them to leave. Beyond a simple request, other options for legal removal of unwelcome house guests will be governed by the laws of your state.
Maybe he's a friend or relative who has fallen on hard times and doesn't have anywhere else to go, or maybe he's a freeloader who is not paying his share of the rent. Your legal course of action for removing an unwanted resident from your home will vary by state and by the legal status of the occupant. Seek legal advice or consult your state's laws on tenancy, evictions and trespassing before making them move. Has your friend or relative overstayed their welcome at your house? Kicking someone out can seem like a pretty daunting task, but there’s no need to worry—you have plenty of options at your disposal. We’ve outlined some ways to politely but firmly send someone on their way, along with some legal actions you can take if the situation is pretty tense.
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.
This may be a good prompt for them to start taking their addiction and recovery seriously. Living with a drug addict spouse or child is challenging, but in some instances, the relationship can be abusive. If you are experiencing any form of abuse–whether physical, sexual, or emotional–this is a sign that you need to examine your situation and take action as soon as possible. Speaking of patience as a crutch, this can especially be true if you have family members who are suffering from a substance use disorder . They say that to love is to accept, but sometimes loving a person means letting them face the consequences of their actions. Are you wondering if it’s possible to kick someone out because of a substance abuse problem?
PERSONAL & FAMILY
If the the relationship has terminated, and you are the primary tenant or owner of the home, then you have the responsibility of letting your ex know that you want them to leave. If you are renting, inform your landlord of this change in status. If you own your home and the individual will not get out, notify your the authorities, such as by calling the police.
While you can hand-deliver the notice, it is rarely advised. Not only is there a risk for a negative reaction, but certified mail is also trackable, which can be used as evidence in a court of law if necessary later on. You must follow this procedure, too, if your guest is considered “at-will.” Requirements may differ depending on your individual situation. If you aren’t sure, speak with your county clerk’s office before you send the letter.
Note that in many cases, this will mean you are forced to send a certified letter to your own house. Sometimes, an upfront conversation about your feelings and your wishes is enough to convince a friend or family member it’s time to move on. Still, you should prepare before you confront someone for the first time. Your attitude and how you phrase your words can be the difference between a peaceful resolution and staunch refusal to comply and future problems. Legal Match reports that intentional trespassing occurs when a person is aware of both the boundary and the lack of permission to enter, but crosses it anyway.
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Continuing to drink despite the negative impact on their relationships with family or friends. One way to keep you and your loved ones safe is by kicking destructive addicts out of the home. Violence and criminal behavior may escalate if people tolerate it, so it is best to nip the problem in the bud as soon as possible. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Kimberlee Leonard lived in the Bay Area while going to school at the University of San Francisco.
If the rent is paid weekly, a week's notice will suffice. If you start to get the feeling someone is becoming more of a roommate and less of a visitor, set some ground rules as soon as possible. Have clear benchmarks for them to meet if they want to stay in the house. You need to be clear with your own reasoning before diving into the conversation. Review any agreements you made when they moved in, or any promises that have been made/broken.
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.
You can even bring these with you to the discussion, letting them know that they need to leave but that there are options available. They may reject your ideas, but showing that you still care about their well-being can soften the blow. If there is a legitimate reason why that date is bad, you can talk with them to find a better day. Requesting additional information or submitting information through the contact form does not mean an attorney-client relationship has been formed. Tell us about your situation and we'll match you with the best lawyer in the Los Angeles area. If your name is on the lease, you are technically their landlord and can ask them to leave.
Telling them that they need to leave that night may cause incredible stress and tension, and your friend or relative may not have anywhere to go. Instead, choose a date they need to leave by and let them know that this is a firm deadline. In general, try and give at least 1-2 weeks, or until the end of the month, so that they have some time to prepare for their next move."I'd like you completely moved out by April 20th." You may call the police and report the guest for trespassing. If your guest hasn’t contributed to any bills and has only been present for a few days or a couple of weeks, they are considered a guest.
For rent or lease violations (e.g., having a prohibited pet), the tenant has three days to reconcile the issue to prevent eviction. The legal status of your guest will determine what actions you may have to take to remove them. A guest is a short-term visitor, has the least right to reside in your home and is the easiest to remove. However, because the law recognizes verbal agreements made between a homeowner and a guest, an implied agreement about staying in your home can make your guest a tenant in the eyes of the law. You do not need to formally evict a lodger but you must give them notice to vacate. A tenant or resident has the most legal protection to stay at your home and will usually need to be evicted.
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