BEHIND THE SCENE
It’s a touchy situation. A family member that has overstayed their welcome at your home. So the question is, if you have asked them to leave and they simply won’t, can you legally evict them?And, if so, does the eviction process become more complicated if you try to evict a relative? Especially if they do not have a lease or they are not paying rent.
First let’s assume you have had the tough conversation of asking your relative outright (in the nicest way possible) to leave. If you have, and they simply won’t comply, know that you can take legal action with an eviction.
In most states, if the offending family member/boarder has a lease or pays you rent, then they are considered a tenant and would go through the same legal proceedings for eviction as in a regular landlord/tenant relationship. Note in some areas, a person who simply occupies a space you own is considered your tenant. Even if they don’t have a lease and there is no money exchange. So be sure to check your state law.
Again, depending on state law, a person who simply stays in the home of a “landlord” for an extended period of time can also be considered to have a lease, and is therefore a licensee.
Either way, if your unwelcome visitor is a tenant or licensee, you as the “landlord” will need to legally go through the eviction process. No, unfortunately in most states, you can’t just give them the “boot”. But be sure to check, there are a few places where you can.
Please remember, this is so important, the eviction process must be executed according to your particular city and state eviction procedures and timelines. It would be wise to consult a lawyer in your area.
Take Texas for example, it does things a little differently than most states.
For example, whether someone is considered a guest or a tenant is determined by things the person did or didn’t do. Did the person contribute to household expenses? Did they use the mailing address as their own? Have they been staying continuously? Or coming and going? And, perhaps more importantly, did they pay rent? Note it is wise not to accept money on a regularly scheduled basis from a guest as they could then be classified as a tenant. In fact, many Texas attorneys recommend having guests sign a letter stating that they are indeed a “guest”.
As mentioned above, the first and easiest thing to do is to sit down and communicate with the person that you want them to leave. If they say “no”, then you will need to serve them with an eviction notice that states when and why they must vacate. Most states require a 30-day notice.
The next step is to take the case to court. If the judge sides with you, your unwelcome relative will be given an amount of time to leave. If they still remain on your property, as a last resort, you can have law enforcement remove them.
So, to sum it up, other than the agonizing emotional toil and future awkward family gatherings, the eviction process of a family member is no different from any other tenant.
I’m Suzanne Athey, owner and founder of Team Athey & Remarkable Property Management. I hope you found this blog post helpful. If you’d like to know more about real estate and leasing, please call me at 469-916-1222, or email me at suzanne@teamathey.com. I’d love to visit with you and answer all your questions.
