How to Evict a Family Member With No Lease

By PropertyClub Team
Aug 28th 2022
Evicting a family member can be a tricky process. It’s easy to feel guilty about this situation. However, there’s no reason to. There are plenty of people who have gone through this experience. Family members who won’t vacate a space are more common than you think.

Read on to learn more about how you can evict a family member who has no lease. It might seem harsh, but it’s necessary in many cases. By following this advice, you can confidently approach a family member with no trouble at all. 

hash-markHow Do You Evict a Family Member?

How do you evict a family member? There’s a simple process you can follow that is legal and practical. It’s vital to be as thorough as possible when pushing out a family member so you can make the process as efficient as possible.

To evict a family member, you should:

  • Serve a notice: First, you should serve an eviction notice to them. This paper can give anywhere from three to thirty days’ notice of termination of tenancy. Get an attorney to help you write it.
  • Avoid taking rent: If they offer to pay rent, stop taking it. Tenants who pay you will have more freedom since the customer transaction is ongoing. The eviction clock resets every time you take money from them.
  • Pay them to leave: Sometimes, it’s easier to pay them to leave. Offer a sum of money in exchange for vacating the premises.

These are some gentle ways to evict a family member while still keeping your relationship in one piece.

Sometimes, a family member won’t leave, even with gentle notice. You may need to take further action at this point. There are legal actions you can take to ensure they vacate the premises. These should only happen if you didn’t get them out with the methods above.

hash-markHow Do You Get Them Out If They Won’t Leave?

If a family member won’t leave, you may need to take further legal action to get them out. These can be costly. However, they might be necessary if you can’t get this individual out of your house.

To remove a family member if they won’t leave, you should:

  • File an eviction petition: An eviction petition is filed with the court. You can then state your case. If the judge rules in your favor, you’ll get an order of eviction.
  • Get a lawyer: Hire a lawyer if all else fails. They can help you navigate legal action in the case of the eviction of a family member.
  • Contact the authorities: If they won’t get out, contact the authorities. This action is best if they’re a danger to your home. You should only contact authorities if they’ve ignored a court-ordered eviction notice.

These will work if all else fails in your efforts to evict your family member.

While taking these actions may seem harsh, you'll need to do so if you can no longer live with them and want them out.

hash-markHow Do You Know If You Should Evict a Family Member?

It can be tricky to determine whether or not it’s time to evict a family member from your home. You might feel that the timing is correct but be insecure about enacting it. There are a few things you can look for if you’re thinking about evicting a family member from your home. Let’s talk about a few of these so you can determine when eviction should happen.

If you’re debating evicting a family member, you should look for indications in your life such as:

  • Lack of rent: If they’re not paying to stay with you, eviction is a valid choice.
  • A changing living situation: Sometimes, your living situation may change. You might have a baby or need another room to rent out.
  • A need to sell: If you need to sell your home, you may need to evict your family member to give up ownership of the house.
  • Health reasons: You may experience health troubles that make it impossible to house another person. 
  • Safety issues: Sometimes, family members can be dangerous to have inside, especially if you have children living in your home.

These are all viable reasons to ask a family member to leave your property.

At the end of the day, the choice is yours. It may be at the fault of the family member, or it may just be that you’re moving forward in your life and can’t have them living in your home anymore. Whatever it may be, you are justified if you want to remove them from your home.

Ensure your family member is well-aware of changes before they happen. They’re less likely to leave if you spring eviction on them suddenly, rather than giving them a decent notice ahead of the change.

hash-markCan You Keep a Relationship After Eviction?

Some may not follow through with evicting a family member for the sake of preserving the relationship. This action might be great for your standing with that family member, but it might damage your household and even hurt your bank account. Is it possible to keep a relationship with them after eviction?

Here are a few things you can try to hang on to your relationship after evicting them:

  • Help them find a new place
  • Apologize to them
  • Give them a little extra time to get themselves together, if the eviction isn’t time-sensitive

These are the best things you can do to stay close.

Sometimes, an eviction might be the end of the line for your relationship. That’s okay! Things change. If you warn them, help them, and try to make things better, you’ve done everything you could to fix the issue. Evicting a family member may not be ideal, but it can be necessary. Don’t be afraid to follow through if your life changes.

hash-markEvicting a Family Member Bottom Line

Evicting someone can be a tricky process, especially when it's a family member. It can seem daunting to take this kind of action against someone close to you, but it’s in your right to evict someone from your home. If you decide to evict a family member, it's best to be as gentle as possible to keep your relationship intact for as long as possible.