How Do You Evict a Family Member From Your Home?


Quick Answer

The simplest way to remove a family member from your home is to ask them to leave, recommends Rocket Lawyer and FreeAdvice. However, if this method does not work, there are legal options to evict a family member from your home that depend upon the state in which you reside. Some state laws consider family members as tenants, especially if they have paid partial living expenses. If this is the case, you must file a formal eviction proceeding.

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Full Answer

The success rate of removing a family member from your home increases if the state considers them a tenant, explains Rocket Lawyer. When politely asking the party to leave does not work, determining his status as a tenant and serving him with an eviction notice are the next steps. States differ on the required amount of time that you must give the unwanted party notice of eviction before you can formally begin the legal proceedings, and this time frame ranges from three to 30 days, notes FreeAdvice.

If the party did not sign a lease to live with you, he typically receives 30 days to vacate the home once the proceedings are complete, reports Rocket Lawyer. If the family member does not leave by the date designated by the judge, you can contact local law enforcement to have him removed from your property.

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