There is a girl who stays in me and my husband's home in our spare bedroom. She has given us monies in the past, but there is no lease, and she is residing in our home as we are. I want her to move, as we all do not get along as we thought we would. Is there a process I have to follow, or time guidelines, or can I just tell her to leave? What if she refuses to leave thinking she has tenant rights? I live in the State of Alabama.

Hello k:

According to the law, she does have tenant rights because she she's a tenant. You say she does give you money - that makes her a tenant.

You need to give her 30 days written notice. Send it certified, return receipt requested and by regular mail. If she doesn't leave, you need to evict her according to your states landlord tenant law. You can find a copy of the law at the top of this forum on a sticky note.

excon

And this is even if the money was no set amount for rent? I am asking because I am on her bank accounts and any exchange that might have happened was either cash, or I paid a bill. There was no set amount, and there is no written agreement. She has also not given any money in over a month. Does this still qualify as a tenant in Alabama?

Hello again, k:

You're dancing around the issue. From the legal point of view, if she pays part of the cost of the housing, she's a tenant. It doesn't matter that she hasn't paid in a while, and it doesn't matter that she can't prove it. She looks like a tenant to me.

If you were to call the cops and tell them to remove her because she's a trespasser, I'll bet she'll look like a tenant to them too, and they won't remove her.

Therefore, the only thing left is to give her notice and then evict her if she doesn't leave. It's going to take a month or more. If she knows that you're serious, maybe she'll leave sooner. Or maybe not.

excon

I would have to wonder why you are on her bank account??
I have never been on the bank account of my 100's of tennants

But yes, she is a tenant because she was paying some unknown amount that varied from time to time, even if it was in cash. It was still rent or expense money and yes that makes them a tenant.

So to get rid of them, you have to give them the legal notice, and then if they still don't move, you will have to file eviction with the courts.

I am on her bank account because we are friends, and she was staying here separate from that till she found somewhere and was not considered a tenant.in everyone's opinion in the household at the time. This is why I am asking. I own a real estate company and have managed properties and had tenants, and I was hoping since she is in my home and not a "tenant" per se, that she would not be considered a tenant. It would probably be considered more domestic as to the reasons she is not paying anything now, and I want her out. I was hoping for a different answer, because of her being in my home. So you are saying if a friend stays with someone for an indeterminate period, and helps with expenses while they are there, that if you want them out of your house at some point, you have to evict them? That is more the way I should have worded it, but it seems that the distinction is non-existent or doesn't matter? That would be terrible for anyone to ever let a friend stay there and let them help with a bill to offset the cost of their stay.

Sighs, thanks for your help.

Hello k:

That's exactly what I'm saying.

excon

Yep, it does not really matter what you or even them considered thierself, it is by what happens and how the court would view this.

So if the one person does not want to leave, then you have to get the court involved.