Landlords who live with family members can find themselves in many uncomfortable situations—including eviction.If you’re feeling more than a bit guilty over the prospect, don’t be so hard on yourself.
You have plenty of company on this one.Many homeowners eventually wind up with a guest or two who have worn out their welcome and refuse to vacate your space, including relatives.The people you may need to evict probably promised they wouldn’t be a burden.But if you’ve asked them to leave your home or a rental property, and they won’t budge, an eviction—taking legal action to remove a tenant—is your final option.In practical terms, how can you get someone out of your house? Does the eviction process get more complicated if the landlord is trying to evict someone they’re related to? Here’s everything to know about evicting a family member with no lease.States have different laws on how to classify someone who stays in a home or rental unit, whether they rent, lease, or stay without any agreement or payment of rent.
In the eyes of the law, your visitor can be classified as a tenant or licensee.In some areas, they’re considered a tenant when they have a lease or pay rent; in other areas, a tenant is simply someone who occupies a space you own (with no lease or exchange of rent money).A person who stays in the home of a “landlord” for an extended period can also be considered to have a lease and be classified as a licensee, depending on state law.Some states even say it’s acceptable to ask the person to leave and remove his belongings, no eviction notice or legal action necessary, as long as rent wasn’t exchanged.If you’re a reluctant landlord who is wondering how to get someone out of your house, the first thing you need to do is establish how your state classifies this (now) unwelcome visitor.
If they’re considered a tenant or licensee, you as the landlord will need to go through the eviction process.You might have asked your relative...