Can You Have Authorities Remove Someone Staying in Your Home?

Question from Mr B, Can You Have Authorities Remove Someone Staying in Your Home?

Answer from AI:

If someone has been staying in your home for a month and you are ready for them to leave, the situation can be complex, especially if they have been paying you money to help with bills. Here’s a general explanation of what you might need to consider and the steps you could take.

Understanding the Legal Status

The first step is to determine the legal status of the person staying in your home. In the United States, this can generally fall into a few categories:

• Guest: Someone who is staying temporarily without any formal agreement.
• Tenant: Someone who has a more permanent arrangement, often with some form of payment, even if there is no formal lease.

Given that the person has been paying $100 a week, they might be considered a tenant rather than a guest, even without a formal lease agreement.

Steps to Take

If the person is considered a tenant, you generally cannot simply have the authorities remove them without following proper legal procedures. Here are the typical steps you might need to take:

1. Provide Notice: You will likely need to provide written notice to the person, informing them that you want them to leave. The notice period can vary by state, but it is often 30 days. Check your state’s specific requirements for the notice period.
2. File for Eviction: If the person does not leave after the notice period, you may need to file an eviction lawsuit in your local court. This process is known as an “unlawful detainer” action.
3. Attend Court Hearing: You will need to attend a court hearing where a judge will decide whether to grant the eviction. Be prepared to present evidence, such as the notice you provided and any proof of payment arrangements.
4. Obtain a Writ of Possession: If the court grants the eviction, you will receive a writ of possession, which allows law enforcement to remove the person from your home if they still refuse to leave.

When to Seek Legal Advice

Given the complexities involved, it is often advisable to consult with a legal professional who can provide personalized advice based on your specific situation. An attorney can help you understand your rights and obligations and guide you through the eviction process.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• Nolo’s Guide to Evictions
• LawHelp.org – Provides resources and information on tenant and landlord rights.

Remember, while this information provides a general overview, the specifics can vary widely depending on your jurisdiction and the details of your situation. Always consider consulting with a legal professional for advice tailored to your circumstances.