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View Full Version : How to evict a family member who pays no rent


KathyinMo
Apr 21, 2014, 02:01 PM
Before my mother-in-law went to the nursing home, she permitted her nephew to move in with her. She paid all the utilities until last September when she entered the nursing home. Since my husband and I now own the home, we would like for him to move; however, he has paid the utilities since Oct 2013 when my mother-in law went to the nursing home. We have verbally asked him to move and he has said he would, but then asks for more time. He currently is supposed to be out of the house by May 2014. What can we do to ensure that he does move?

smoothy
Apr 21, 2014, 02:11 PM
You own the house... HE doesn't have a written lease.. you give him a notice of eviction according to your states laws IN WRITING and dated... (30 days in most of the country, 60 in parts of California, 15 days in FLorida) if he doesn't leave in that time you file in court to enforce the eviction, and when you win that the Sherrifs will be there to see him and his stuff put out at the curb... at which time it would be wise to change the locks.

ScottGem
Apr 21, 2014, 05:57 PM
Doesn't matter that he is a relative. If the property is now in yours and your husband's name, then you treat him like any tenant. You server him written notice to vacate within 30 days (could be less depending on location). If he doesn't you file in your local court for an eviction order. Once the court grants the eviction order, you can then hire a sheriff to physically remove him.

joypulv
Apr 22, 2014, 04:50 AM
It can be cheaper and a lot less hassle to offer in writing to pay him to be out by a certain date, or to pay the mover and first month's rent somewhere. Don't pay until he's out the door. I might add that incentive to the notice to vacate by midnight May 31.