how to legally evict family member from home? i rent and they are not on the lease but have stayed here almost two months now.?

21 Answers

  • 7 months ago

    You don't need to evict them, they are not a tenant but a guest. Tell them "This was a nice visit, but it's time to end it and for you to move on with your life. Good luck." Show them the door.

  • 7 months ago

    If the person has been there for more than 21 days you must give them a 30 day notice to leave.

    And you cannot just hand it to them. You need to have it delivered by certified mail. (Or you can give them two copies and have them sign both...but you keep one.)

    Then on day 30 you put their stuff out.

    But you may have a bigger problem:

    #1 - Does the landlord know the kids are there ...are they on the lease? If can be evicted with 30 days notice.

    #2 - Does the landlord know your sister is there? You say she is not on the lease...but without written permission from the landlord a stay of over 21 days is grounds for eviction. Meaning YOU will be evicted for giving her housing.

    You may want to tell her that she has to go because she is not on the lease and if she stays longer ...everybody in the apartment will be evicted.

    • Dale7 months agoReport

      yes, I have custody of the children, and they are on the lease with me. My sister won't leave and no she is not on the lease and the police are telling me to file a protection order.

  • 7 months ago

    If they don't pay rent I'd just tell them they have 24 hours (or whatever) to move out. After 24 hours dump their stuff on the curb when they are out. If they call the cops and the cops tell you that you can't do this then you will have to give them notice to leave followed by going to court but if they aren't on the lease and never paid rent I'd assume they are a guest and just toss out all their stuff when they are out.

  • 7 months ago

    Does your landlord know they are living there? I believe landlord must handle the eviction.

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  • 7 months ago

    Long story, but it is my sister. I have legal custody of her kids and she stayed here when she was released from prison because I thought it would be good. I was wrong!

  • 7 months ago

    Tell your "guest" that he/she has overstayed his/her welcome and you would like her out by tomorrow by 5 p.m. Make sure you do it on a day when you are home. If you don't and if there is resentment, you might come home and find a few things missing. If he won't leave, the next time he is out, change the locks and text him that if he returns, you will have him arrested for trespassing.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • Judy
    Lv 7
    7 months ago

    You might want to talk to a lawyer, not just to find out what you have to do to evict them but also to find out what YOU might have done illegal by letting them stay there.

  • Pearl
    Lv 7
    7 months ago

    if theyre not on the lease then they shouldnt be staying anyways, just tell thern they need to find another place

  • 7 months ago

    The easiest way is you wait for them to leave then you put their stuff into boxes and leave them at the front door. Then change the lock. Inform the apartment manager that they will not be living there anymore and if they try to get in, call the police. Another way that is more fun is if you are on a month to month lease, give notice. Then when they are away, move out. They will come back to the apartment, will see that you are gone and if they stay there after the move out date, they are squatters. The landlord will then either evict them or give them the chance to rent the apartment on their own. Obviously you should not tell them where you are moving to. Lastly, you could just tell them to get out and see what happens.

  • Kyle
    Lv 7
    7 months ago

    inform the landlord, property manger, etc.

    but that's kind of a douchy thing to do to a family member without any warning or help to get them their own place and a job. you can guide them, and set a deadline. if they don't meet those requirements, then evict them.

    eviction laws change depending on where you live too. so look it up. you clearly have internet access.

    • Me7 months agoReport

      How do you know what that family member did to him/her?

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