Evicting a tenant is hard enough. Evicting a family member can be downright agonizing.
There’s no guarantee the situation will turn out well, but there are ways to approach the process to give you a better chance of avoiding conflict and staying out of a courtroom.
In this article, we’ll discuss the reasons to consider evicting a family member, how to start that conversation, and—should things get this far—the legal process of removing a tenant.
- Top 5 Reasons to Evict a Family Member
- How to Tell Someone to Move Out Nicely: Starting a Conversation to Evict a Family Member
- How to Get Someone Out of Your House Legally: Evicting a Family Member with No Lease
- How to Evict a Family Member Who Doesn’t Pay Rent: Following the Legal Process
- How to Write an Eviction Notice to a Family Member
- Sample Eviction Letter to a Family Member
- Laws for Evicting a Family Member
- How to File an Eviction Notice on a Family Member
- Evicting a Family Member: FAQ
Top 5 Reasons to Evict a Family Member
1. Your Relative or Family Member is Not Paying Rent
This is the most common reason to evict any tenant. The two of you agreed on a monthly amount and, for some reason, your family member is failing to come up with the cash. Most courts and judges won’t allow a person to remain in a rental if they’re not paying.
2. Your Relative or Family Member is Violating the Lease Agreement
If the family member is violating terms of a lease agreement, such as subletting without permission, keeping unauthorized pets, or causing damage to the property, eviction might be necessary to uphold the terms of the lease.
“The owner should take pictures and videos immediately, and if possible, walk through the house with the tenant reviewing the damages. Next, the owner will need to review the lease and see what damages the tenant is responsible for. Then, speak with the tenant about the costs associated with repairing all damages and deduct it from the security deposit. If the damages exceed the security deposit, then you will either have to sign a payment agreement with the tenant, hire an attorney if they refuse to pay, and file an insurance claim.”
3. You Have Health or Safety Concerns
You may need to evict your relative if there is a health or safety violation on the property such as asbestos, mold, or lead hazards. Typically, in these situations, the problem cannot be fixed with someone living on the property. You may also have to help your family member relocate.
4. You Need to Move into the Home
Perhaps your living situation has changed and you need a place to stay. Different rules will apply for this type of eviction in each state, including whether children or disabled people are involved. You might also have to help your relative move or offer them a different rental (if it’s available).
5. You Need to Sell the Property
Maybe you’ve run into a debt issue and need to sell the home to pay a creditor, so you’re taking it off the rental market. These eviction rules also vary by state. You may be required to live in the home for a certain amount of time. Helping your family member relocate will likely be a requirement.
One increasingly popular option is selling your rental property for cash. By doing so, you can sidestep the traditional selling process with its lengthy timelines, agent fees, and potential setbacks. A cash sale allows for a quick, hassle-free exit, letting you walk away with your proceeds in hand and no lingering responsibilities. For landlords ready to reclaim their time, energy, and peace of mind, this solution can be the key to a fresh start.”
How to Tell Someone to Move Out Nicely: Starting a Conversation to Evict a Family Member
Even if you have a good relationship with your relative, talking about eviction is going to be tough.
First, you need to prepare. Define your purpose, identify your wants and needs, and picture your ideal outcome. You should mutually agree on a time and a place for the conversation where you’re both comfortable and can communicate clearly. You can practice self-soothing techniques like mindfulness and deep breathing ahead of time in case you need to use them in the moment.
You must approach the conversation with openness and an interest in problem-solving. Speak directly to your family member and remain at eye level. Talk in a matter-of-fact tone and keep your emotions in check so your message gets through. Listen to what they have to say—and stay on topic.
In the end, you should politely ask your relative to leave, tell them why, and explain how long they have to stay. They might surprise you and agree to vacate without any conflict at all.
How to Get Someone Out of Your House Legally: Evicting a Family Member with No Lease
If your relative refuses to leave and there’s no lease, or the lease is up, you can serve them with an eviction notice. If they still don’t comply, the next stop for the two of you is court.
If the judge sides with you, your family member will be given an amount of time to leave. If they remain on your property, you can call law enforcement to remove them. Of course, laws are different in each state, but, in general, this is how the eviction process goes.
A word of caution: Do not accept rent from your relative if you’re trying to evict them. That will strengthen their right to stay longer. For example, if they have a 30-day notice to move out, that time period may reset each time you accept payment, depending on your state’s laws.
How to Evict a Family Member Who Doesn’t Pay Rent: Following the Legal Process
Evicting a family member who doesn't pay rent is a difficult and sensitive situation that requires careful consideration and adherence to legal processes. While it's challenging to take such action against a loved one, sometimes it becomes necessary to maintain financial stability and uphold household responsibilities. Here are steps to guide you through the eviction process:
Step 1: Review Local Laws and Regulations
Before taking any action, familiarize yourself with the landlord-tenant laws and regulations in your area. These laws vary by location and dictate the legal process for eviction, including notice requirements and timelines.
Step 2: Communicate Clearly
Start by having an open and honest conversation with the family member about their failure to pay rent. Clearly express your concerns and expectations, and give them an opportunity to address the issue.
Step 3: Serve a Formal Notice
If the family member continues to neglect their rent obligations after your discussion, serve them with a formal notice to pay rent or vacate the premises. The notice should include the amount owed, the deadline for payment, and the consequences of non-compliance.
Step 4: Document Everything
Keep detailed records of all communication and interactions related to the eviction process, including copies of the notice served, receipts for rent payments, and any relevant correspondence.
Step 5: File for Eviction
If the family member fails to comply with the notice and does not pay the rent owed or vacate the property by the deadline, you may need to file for eviction with the appropriate court. Follow the legal procedures outlined in your local jurisdiction and ensure all paperwork is completed accurately and filed within the specified timeframe.
Step 6: Attend Court Hearings
Attend any court hearings scheduled as part of the eviction process. Present your case clearly and provide any supporting evidence, such as documentation of non-payment of rent or lease agreements.
Step 7: Enforce the Eviction Order
If the court rules in your favor and grants an eviction order, follow through with the necessary steps to enforce it. This may involve working with law enforcement to remove your family member from the property if they refuse to leave voluntarily.
Step 8: Seek Legal Advice if Necessary
If you encounter any complexities or challenges during the eviction process, don't hesitate to seek legal advice from a qualified attorney specializing in landlord-tenant law. They can provide guidance and representation to ensure your rights are protected.
How to Write an Eviction Notice to a Family Member
Understanding the proper procedures for eviction notice is crucial to ensure compliance with legal requirements and protect your rights as a homeowner or leaseholder. Here’s how to write an eviction notice:
- Draft a formal eviction notice stating the reason for eviction, the amount owed (if applicable), and the deadline for compliance.
- Deliver the notice to the family member in person or via certified mail, ensuring it complies with local legal requirements.
- Maintain detailed records of the notice delivery, including dates, method of delivery, and any correspondence.
- Adhere to the eviction laws and regulations in your jurisdiction when serving the notice to ensure its validity.
Sample Eviction Letter to a Family Member
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Family Member’s Name]
[Their Address]
[City, State, ZIP Code]
Subject: Notice to Vacate
Dear [Family Member’s Name],
This letter serves as formal notice that you are required to vacate the property located at [property address] by [specific date], in accordance with applicable state and local laws.
The reason for this notice is [brief reason, for example, “non-payment of rent,” “the need for the owner to occupy the property,” or “termination of your right to reside here”]. Please remove all personal belongings and return any keys or access devices by the move-out date.
If you have questions or would like to discuss arrangements for the transition, please contact me at [phone number or email]. Failure to vacate by the stated date may result in legal action to regain possession of the property.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature]
[Your Printed Name]
Laws for Evicting a Family Member
Eviction laws vary by state and sometimes even by city, so it’s essential to understand the local rules before taking action. In most areas, a family member living in your home has the same rights as any tenant, even if there’s no written lease. This means you must follow your state’s formal landlord–tenant procedures to remove them legally.
Typically, you will need to:
- Provide written notice that clearly states the reason for eviction and the deadline to move out, such as a 30-day or 60-day notice depending on local requirements.
- Follow proper service methods, like delivering the notice in person or sending it by certified mail.
- File a formal eviction case (sometimes called an “unlawful detainer” action) if your relative does not leave by the deadline.
Courts can impose penalties if you try to remove someone without going through the proper legal process—for example, by changing locks or shutting off utilities. To protect yourself and ensure the eviction holds up in court, check your state’s landlord–tenant statutes or speak with a local attorney before you begin.
How to File an Eviction Notice on a Family Member
Filing an eviction notice with the courts is a necessary step when informal methods of resolution have failed and legal intervention is required. Here's how to navigate this process effectively:
- Gather all relevant documentation to support your case for eviction. This may include copies of the eviction notice served to the family member, records of any overdue rent payments, and evidence of lease violations or other breaches of agreement.
- Obtain the appropriate court forms for filing an eviction notice, typically available from your local courthouse or online. Fill out the forms accurately and completely, providing all requested information about the eviction, including the reason for eviction, the amount owed (if applicable), and details of the notice served.
- Submit the completed court forms along with any required supporting documentation to the appropriate court. Pay any filing fees as necessary, and be sure to keep copies of all documents for your record.
- Once the court has accepted your eviction filing, you will need to serve the family member with a summons and complaint notifying them of the eviction proceedings. Follow the legal requirements for proper service, which may include delivering the documents in person or via certified mail.
- Attend any scheduled court hearings related to the eviction proceedings. Present your case clearly and provide any supporting evidence or documentation to support your request for eviction.
- If the court rules in your favor, they will issue an eviction order specifying the terms and timeline for the family member to vacate the premises. Ensure you understand and comply with any requirements outlined in the eviction order.
Evicting a Family Member: FAQ
How do you politely ask someone to move out?
Start with an honest, calm conversation. Explain why you need them to leave and give a clear timeline for when they should move. Offering help with resources—like information on rentals or moving services—can ease the transition.
Can you kick someone out of your house?
You can’t simply force someone to leave, even if they’re a guest or relative. Most states require you to follow a formal eviction process, which usually begins with a written notice and, if needed, a court order.
Can I kick someone out of my house without notice?
In most cases, no. Even without a lease, state laws typically require you to provide written notice—often 30 days or more—before you can legally remove someone from your property.
How do you get someone out of your house?
First, ask them to leave and provide a reasonable deadline. If they refuse, serve a formal eviction notice according to local laws. If they still won’t go, you can file an eviction case in court to have law enforcement remove them.
How do you get someone out of your house who won’t leave?
Do not try to change the locks or shut off utilities yourself. Instead, issue a written notice to vacate, keep records of all communication, and file for eviction through your local court if they ignore the notice.
How do you get someone out of your house that is on the lease?
If the person is a co-tenant on the lease, you generally cannot evict them yourself. The landlord or property owner must follow the state’s eviction procedures and obtain a court order for removal.
How do you evict someone who lives with you?
Provide a written notice stating why you’re ending their stay and how much time they have to move out. If they don’t comply, you must file an eviction lawsuit and allow the court to issue an order for their removal.
How do you evict someone from your home?
The process begins with a formal written notice to vacate. If the person does not leave within the notice period, you’ll need to file an eviction case, attend a court hearing, and obtain a court order to legally remove them.
What do I need to evict someone from my home?
You’ll need to follow your state’s landlord–tenant laws. That typically means preparing a written notice, filing the appropriate court paperwork, documenting your reasons for eviction, and appearing in court if the person contests the case.
Can you kick a family member out of your house?
Yes, but you must follow the same legal steps as you would for any tenant. Family members living in your home—whether they pay rent or not—generally have tenant rights under state law.
Is a family member considered a tenant?
Often, yes. A family member who lives in your home and pays rent or contributes to household expenses is typically considered a tenant and is entitled to the same legal protections as any other renter.
Can I evict a family member from my house?
Yes, but you must provide proper notice and follow the legal eviction process in your state. Skipping steps—like changing locks or removing their belongings—can lead to legal trouble for you.
How do you legally remove a family member from your home?
Serve them with a written notice to vacate according to local requirements. If they don’t leave by the deadline, file an eviction case in court and wait for a judge to issue an order allowing law enforcement to remove them.
What is the eviction process for a family member?
Typically, you start with a written notice, such as a 30-day notice to vacate. If your relative does not leave, you file for eviction in court, attend a hearing, and, if successful, receive a court order to have them removed.
Can I evict a family member without a lease?
Yes. Even if no lease exists, most states require you to serve a formal written notice—often called a “notice to quit”—and follow the standard eviction process through the courts.
Can you evict a family member without a tenancy agreement?
Yes. A tenancy agreement isn’t necessary to evict someone, but you must still comply with local landlord–tenant laws by giving written notice and, if needed, obtaining a court order for eviction.
Evicting a Family Member or Relative & Looking to Sell Your Home? Contact New Again Houses Today!
Now you know some of the situations where it may be necessary to evict a family member, how to go about having that talk, and how to evict someone.
The reasons you may want to evict your relative could be non-payment of rent, health or safety concerns, a change in your living situation, the need to sell, or other circumstances.
If you are looking to sell your home after your family member moves out, a cash buyer like New Again Houses® can purchase your property for a fast and fair cash offer. Contact us today!
