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Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.

How To Evict Someone If They Live In Your House

It is always difficult when you share social and financial responsibilities with a friend, relative or roommate who can’t pay his bills. For the sake of your relationship, you should try to discuss a friendly resolution. If nothing else works, here is how to evict someone if they live in your house.

Helping Others Financially

If your housemate cannot pay his or her rent, you might try to help him out initially. When money is involved, a relationship can become stressed. You should try to keep a paper record of any money you lend to someone else. This keeps the relationship honest, straightforward and respectful. Try to find out if this is a temporary or permanent problem.

A permanent failure to pay rent is the basis for eviction. As much as you care about someone else, that person cannot handle his or her housing responsibilities. You should sit down and have a serious, unemotional discussion with the person involved. Try to get a time limit when the person will become financially solvent again.

After all else fails, you might need to formally evict your friend or relative. The process for a friend is similar to the process for a landlord and tenant. Careful time parameters, procedures and formats must be followed in order to protect yourself legally.

What if someone is not on the lease?

Since you have the power and authority to evict the other party, you have a superior position legally. It is your house or apartment, you might be listed on the lease and the other party might not be on the lease. Legally, you are responsible for the rent or mortgage being paid.

The eviction notice must clearly state how long the party has to vacate the premises. Some might use a title like “30-day Eviction Notice.” State the date, tenant name and property address. State clearly that the person is being “notified to vacate the premises” while listing the address, county and state.

Next, you must state the “reason for the eviction.” Carefully, check your lease to find a legally acceptable reason for undertaking the action (usually unpaid rent or rules violations). State the date on which the person must vacate the premises. If the party does not follow this action, then “civil proceedings” for “unlawful detainer” will be the result. Print your name at the bottom. Sign and date.

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Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.