How to Evict a Family Member From a House

By Janece Bass - Updated June 19, 2017
Man carrying moving boxes, moving out

Many people allow family members to move in and live with them, but unfortunately it doesn't always work out. If you ask your family member to leave and he refuses, your only other option may be to legally evict him. Evicting a family member from your home is a tricky task that should be carefully contemplated and executed by following all of your local laws.

Know Your Rights

Research the eviction laws in your county. These vary from county to county, so it's important to know what your legal rights are in your local community. Your county or state's official website should have this information. Another option is to ask your county clerk.

Build Your Case

Document everything. Keep detailed notes, keeping to facts only and avoiding personal issues. Take pictures of any damage or physical proof that you can. If your relative challenges the eviction or there is any other reason that you must attend court, factual proof of your claims will help the judge make an informed decision.

Get the Required Form

Download, print or pick up the correct form to serve your relative with a legal eviction notice. The correct form will depend on your legal reason for the eviction. For example, if nonpayment of rent is the reason for the eviction, serve a notice to pay or quit order. This gives your family member an exact date and amount that rent has to be paid, or he must vacate the premises. If there isn't a lease or if it's expired, a written notice to vacate the premises is all that's needed.

Fill out the form using clear, precise, professional language. For example, write the month, day and year the relative must move out and use his full name. When stating the reason for the eviction, state the facts and leave personal issues and annoyances that aren't related to his relationship as a tenant off of your legal paperwork.

Serve Notice

Serve your relative with the legal notice required in your county. Ask him to sign and date the notice if possible, or if required by the laws in your county, then give him a copy. If he doesn't comply with the reason, such as paying rent that's owed or legally unacceptable behavior, he must leave by the deadline given.

Get a Court Order

Contact a lawyer for legal advice, or go to your courthouse to file a petition of eviction to have your relative ordered to leave by the court. The judge can order your relative to vacate your property. If your relative refuses the court order, you can then ask law enforcement to physically remove him.

About the Author

Janece Bass is a freelance writer specializing in weddings, family, health, parenting, relationships, dating, decorating, travel, music and sports. She has been writing for more than 15 years and has numerous published pieces on various websites and blogs. Bass has also ghostwritten various fiction-based novels.

Cite this Article A tool to create a citation to reference this article Cite this Article