How to Evict a Relative That Doesn't Pay From Your Home

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When you allowed your relative to move in with you, you may have had good intentions. For example, you wanted to help the relative through tough times or earn extra income. Regardless of the reason, when it is time for the relative to leave, you can't throw him out without going through the same legal process as you would with a renter who wasn't related to you. Eviction is a legal process that allows you, the landlord, to reclaim the premises and put a tenant, your relative, out of the equation. The process is the same, regardless if you have a lease.

Stay professional. Use the same professional manner you would dealing with a tenant who isn't related to you. Thus, you shouldn't argue or threaten your relative to intimidate him to leave your home.

Compose a written notice. The notice indicates that you want your relative to move out within a certain time, such as three to 30 days. If you have a rental agreement with your relative, you may have to provide the reason for the request, like non-payment, tenant violation or expired lease.

Provide written notice. You may send the notice via ordinary mail or give it to the relative yourself.

Wait the required days on the written notice. Waiting provides your relative with time to find some place to stay.

File an eviction lawsuit. If your relative doesn't move by the date indicated, you must start eviction proceedings and file paperwork with the court. You have to pay a filing fee to do so.

Go to court. If your relative hasn't moved by the date you are to appear in court, you have to prove your case to a judge. During the court case, your relative has the same right to argue against the eviction.

Warnings

  • You should prepare for any backlash from other family members regarding you evicting the relative. For instance, if you're evicting your cousin, your aunt may refuse to talk to you.
  • If a judge finds in your favor, she may give your relative a specific amount of time, such as 10 business days, to leave.
  • Consider that a judge could rule in your relative's favor, which means the relative can continue staying in your home.
  • You may have to call law enforcement to physically remove your relative if he hasn't left by the date of the judge's orders.

Tips

  • When you don't have a lease agreement or your relative stays with you and doesn't pay, you have a month-to-month tenancy. With a month-to-month tenancy, your relative is allowed to stay for a specific timeframe, such as 30 days. If you don't terminate the tenancy, you extend the lease for another month.

References

About the Author

Demetrius Sewell is an experienced journalist who, since 2008, has been a contributing writer to such websites as Internet Brands and print publications such as "Cinci Pulse." Sewell specializes in writing news and feature articles on health, law and finance. She has a master's degree in English.

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