Do you have a relative who enjoys residing on your property but doesn’t pay rent? Are you trying to evict them but are unsure on how to proceed? Continue reading to learn how to evict them, along with advice to avoid any uncomfortable circumstances.
Evicting a family member can be a sensitive matter because they are your family, and it involves legal as well as interpersonal consideration. It can be tough and emotional on both ends, so it is critical to approach these matters with empathy and always take legal advice before taking any big step.
This decision to finally kick a family member out should not be taken and is usually the last resort. The risk of recession is rising in America and Europe, where people struggle to pay their bills. It is entirely understandable if a person kicks another tenant out due to them not paying rent as that individual has to take care of himself before anyone else. It is also required on the tenant’s end to have consideration and not take advantage of his family member.
It is critical to remember that eviction is a serious issue and should always be the last resort to protect the overall stability as well as the well-being of the entire house. This article will cover how to evict a family member who doesn’t pay rent, along with tips to avoid uncomfortable situations.
Table of Contents
How to evict a family member who doesn’t pay rent?
There aren’t many more uncomfortable scenarios than asking a family member to leave your home. Some homeowners have guests who refuse to go and are disruptive to their homes. Sometimes they even become family members invited to stay or move in long-term.When things turn sour with the person who is renting your home or a guest refuses to leave, an eviction is your last option.
Eviction can get complicated if you are trying to evict someone who is part of your family. Here are some tips:
- Determine if a relative is a tenant or guest
- Consult legal advice
- Eviction notice
Determine if a relative is a tenant or guest
Some states consider long-term guests or family members to be licensees and according to state law, a licensee is a person who has lived in your home for a longer period of time. There are some states that allow the person who is the tenant to be asked to leave and take his belongings without legal action. You have to first determine how your state categorizes unwelcome guests if you want to
evict them from your home.
Consult legal advice
Before taking the big step, you should talk to a lawyer to prepare for everything and avoid uncomfortable situations. Talking to a lawyer will ensure a smooth eviction and avoid potential problems. In many cases, the family member sues the other, resulting in a legal battle, and the tenant stays longer without paying rent. It would be best to seek legal advice to ensure this doesn’t happen to you
Eviction notice
After consulting a lawyer, you must serve an eviction notice to the family member. It is critical to clearly state the date you want them to leave, the reason, and other necessary information in compliance with local laws, which varies with different states.
What is Eviction?
The legal procedure through which a tenant is ordered to vacate a rental property at the request of their landlord is known as an eviction. The landlord must provide a reason and justification for evicting their tenant. Two things happen before the tenant loses their tenant status
- The tenant has violated the terms and conditions of their lease or rental agreement
- The tenant or their visitors have seriously damaged the rented property
The eviction process involves complex procedures and significant legal responsibilities for both tenants and landlords, governed by specific state laws that vary by jurisdiction.
It’s crucial to recognize that eviction can have devastating consequences for the individual being evicted, potentially leading to homelessness. Landlords should approach eviction with sensitivity, considering the tenant’s circumstances and attempting to find a resolution before pursuing removal.
Deciding whether to evict someone is a difficult decision influenced by local regulations, lease agreements, and individual situations. Eviction is typically seen as a last resort after other attempts to resolve issues have failed, aimed at protecting the rights and interests of landlords and property owners.
Tenants also have legal recourse; they can sue landlords if they believe the eviction was unlawful. Conversely, landlords may have grounds to pursue legal action against tenants, such as for unpaid rent or property damage. Therefore, eviction proceedings must be conducted carefully to avoid violating any laws.
How do I kick my girlfriend out of my house?
If you want your girlfriend to move out the follow the tips below:
- Have a direct conversation with her
- Being clear with your wishes
- Using Legal methods
As a relationship develops, you and your partner might feel it makes sense to live together. Living with your partner is usually less expensive than maintaining two separate residences. Rent, utilities, gas, and even food are less expensive.
You must convince her to leave your house because partnerships don’t always work out. She might occasionally accept that the situation is done and quickly depart. Other times, you may need to employ legal means, be explicit that the relationship is finished, or reason with her.
Have a direct conversation with her
Talking face-to-face about a living arrangement solution should be your initial move. Tell your girlfriend straight up that you want her to move out. She might feel this tension if there are issues in your relationship, and she won’t be shocked to learn that you want her to go. When together, talk over viable possibilities and attempt to reach an agreement. Before starting the conversation, come up with a few ideas to share.
If she has a friend or relative who could let her stay, you can also ask them to help her. But be careful when doing this, as this could go entirely wrong and make her more upset. Ask yourself if you’re doing the right thing. If you’re willing to continue living together while she looks for a new place, suggest a few options instead of telling her what to do.Say something like,
“We moved in together, but it’s not working out. I thought that moving in together would be a good idea, but it doesn’t seem to work out. I think it would be best if you were to move out”
Check the terms of your lease
It is crucial to check and read the terms of your lease and ensure that you are the only renter and an unmarried tenant. If your girlfriend’s name is not on the lease, you might be breaking the terms of the agreement as a whole. She has every right to stay in the house if the lease has both of your names on it.
Put your request in writing
Consider sending her a written request to leave if she has no valid reason to stay on your property. A flexible deadline should also be included in the bid. When you ask someone to leave, numerous states require you to give them a particular length of notice, usually 30 days, to ensure everything goes smoothly, follow your state’s official eviction rules, and avoid future legal issues.
Note: If your girlfriend is violent or you’re worried that she will become aggressive or retaliate against you. It would be advised to evict your girlfriend and relocate temporarily while she vacates formally. You also need to make sure that you are never alone with your girlfriend, and that the locks are changed once she has moved out. You might also need to inform the police or apply for a temporary restraining order to keep your girlfriend away from you.
Consult the police
You can go to the police if you’ve tried everything up to this point, and she still won’t move out. You should do this as the very last resort, as involving the authorities is a serious matter. The cops will unlikely move her out of the residence if she violates the order of the court.
How to evict a family member who doesn’t pay rent in California?
According to the Tenant Protection Act of California; the only way to evict a renter legally is to file a lawsuit and wait for the judge to instruct the Sheriff or Marshal to execute the eviction. To evict a tenant, a landlord cannot change the locks, turn off the electricity, or take any personal property. Here is what you need to do
- Notify your tenant
- Make an eviction complaint
- Attend the eviction hearing
Notify your tenant
First, notify your relative that you want them to leave the property. You would be required to give them three days notice if they still need to pay you the rent. After that, they have three days to pay the rent or vacate the property. A 30-day notice should be given if they have lived in the house or your property for less than 365 days.
Make an eviction complaint
Fill out the form and file an eviction lawsuit with the court clerk in the area where your property is located. The copies of the notice you sent your relative should be attached. Typically, ten days after filing, a court date will be set for the eviction hearing.
During this period, You should avoid going near your relative’s belongings or changing locks because doing so could give them an edge in court and allow them to accuse you of stealing, prolonging the eviction process.
Attend the eviction hearing
You would have to show up for the eviction hearing, and it would be advised to have your evidence and the legal team ready because your relative will dispute the case. If you win the case, the judge will issue a writ of possession, forcing your relative to depart the property within five days. If he doesn’t go, you can call the police, who will remove his belongings from the house and permit you to change the locks.
How to legally evict your child?
Although not required to pay rent, an adult child living with their parents in Colorado is legally categorized as a “tenant”. Many parents opt for providing their adult children a rent-free accommodation to assist them in overcoming hardships.
However, some parents may require their adult children to contribute financially by paying a portion of the rent upon returning home, though this approach has its downsides. While sharing the rent reduces the risk of exploitation, it also complicates matters in case eviction becomes necessary due to the longer-term tenant status. Below are the legal procedures for removing your adult child from your home.
- Ask nicely
- Give them enough time
- Don’t take any more rent
- File a complaint
Ask nicely
The first step is simple and all you have to do is to ask them nicely before starting the eviction process. By doing this, your child will move out, and this is better than the eviction proceedings that can sour your relationship.
This method is quick and straightforward without resorting to legal action. A simple conversation over a meal with the person can work wonders. They may agree to leave if they feel you care about them. If they disagree, proceed to the next step.
Give them enough time
Only three days’ notice is required. It would be best if you served your child with a written demand to vacate before the eviction procedure may begin. In most cases, you should offer them at least 21 days or until the end of the following month.
It would also be helpful to include a list of the exact reasons why you want your child to leave, such as failure to make rent payments or failure to find a place of their own by the deadline. The child may have outstayed their welcome by acting disrespectfully or defiantly. Also, remember to make two copies of the notice. Give one to your child, the (tenant), and keep the other for yourself to keep as records
Don’t take any more rent
After the lease expires on the notice, stop collecting rent if your child renter was paying it. This voids all legal arguments in favor of the eviction.
File a complaint in court
Your adult child will be given 21 days. If he has been there for weeks and still challenges you to carry out the eviction then he will be given 21 days to leave your home. The county court in your area will receive your complaint, and you can also obtain the form online or consult an eviction lawyer to help create a strong case. The lawsuit forms a rigid time frame by which your child must leave your home.
Get a removal order
You’ve now given your adult child every option to move out independently, as well as notice and warning. If they continue to be stubborn and refuse to leave, you can go to court and argue your case for why your adult child needs to be kicked off your property.
You will present copies of all notices and other pertinent papers to the court at that hearing to show that you complied with the law. The adult kid will then be forcibly removed from your property by law enforcement once the court issues a Forcible Entry and Detainer (FED) order.
How do you write an eviction notice to a family member?
You can use the template below:
Family members name
Address name
City, State Zip code
Dear [family members name]
This is to inform you that our living arrangement is not working, so I’m sending you a notice of eviction. You must vacate my flat within 30 days, or I will file a lawsuit.
In violation of our original agreement, you have not paid the rent for three months and invited others without my permission. I had asked you to stop but to no avail. In addition, your excessive partying has caused damage to my property. I’ve provided images as verification.
You also don’t have a lease. Therefore, you have no legal right to remain here. I am within my rights to call the police if you don’t leave. Please find somewhere else to live in within the next 30 days, as specified earlier. I will not be responsible for any property left behind.
Sincerely,
Signature
Printed name
List of enclosures
Remember that eviction reasons can vary, you can add the eviction reason of your choice and use the above template
Analysis of evictions since 2020
The Eviction Lab has built the Eviction Tracking System (ETS) to help monitor and respond to eviction hotspots as they emerge. The ETS is designed as a multi-site, open-source, and expandable system for tracking eviction filings as they happen. The chart constructed below is based on the data obtained from Eviction tracking system
According to the above analysis, New York leads with the highest rate of evictions at 235607 since 2020.
Consequences of wrongful eviction
The consequences of eviction can impact an individual’s entire life. Given below are the effects caused by wrongful eviction
- Homelessness
- Financial difficulty
- Defect on credit report
- Lack of housing options
- Emotional strain
- Disruption of education
- Health consequences
- Legal effects
Homelessness
The most immediate and severe consequence of eviction is that the individual evicted is homeless on the streets. They are forced to take shelter on the street or at homeless shelters.
Financial difficulty
Eviction can result in a significant financial burden because they still owe money to people, such as rent, legal fees, and other costs. These financial obligations gradually increase, making it difficult to pay debts and basic living expenses.
Defect on credit report
Eviction directly impacts credit scores, making obtaining loans and credit cards or even securing financial agreements difficult. This can also affect access to housing schemes.
Lack of housing options
An eviction record makes it challenging to find new housing. Landlords typically conduct background checks and any prior eviction. They will also be unable to take out any future loans or credits.
Emotional strain
Eviction can be emotionally stressful as you leave your safe place, your home. Losing your home can cause feelings of insecurity, and failure and embarrassment. The uncertainty of not knowing what to do can increase psychological stress, which in the long turn, could be fatal.
Disruption of education
For families with children, eviction can hinder their education. Housing instability forces them to change schools, disrupting their education and leading to emotional gaps, bullying, and instability for the child.
Health consequence
Evictions can also have negative health impacts Homelessness or inadequate housing conditions can expose individuals to harsher weather and unsafe environments. This can increase the risk of problems in physical and mental health.
Legal effects
Evictions can lead to legal consequences, including judgments and arrest warrants. If individuals fail to comply with court orders, they can be arrested on the spot, ruining their reputation.
It is critical to remember that taking advice and assistance from local organizations that provide services to homeless people can be helpful when you are faced with eviction.
Conclusion
Evicting a person who is your family can be complex and challenging because, like other tenants who are strangers, these are your family. It is critical to approach this matter sensitively and follow the tips discussed above. Also, seek professional advice to protect your rights and not get into any type of legal trouble. Do you have any more questions? Tell us in the comments below!
