How do I kick out a guest?

I allowed a friend to move in with me temporarily a few months back. He has paid me a small amount to stay with me but it is now time for him to go. How do I legally kick him out? Do I need to give notice?

Asked on July 25, 2012 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he has paid you to remain with you, he may be considered a tenant, not a guest. If so, you would have to evict him as any landlord would a tenant, by filing an eviction action on proper  grounds. If he has failed to pay amounts which he agreed to pay, you could evict him for nonpayment with no prior notice (simply file the action in court); if he has paid everything he was  supposed to pay but there is no written lease, you may give him 30 days notice terminating the tenancy, then bring an eviction action.

Even if he were considered to be a guest, not a tenant, you'd still need to go through the courts to get him out, though in this case, the proper action is an ejectment, not eviction, action, and you an ask him to leave at any time, without notice.

The best thing to do is to retain an attorney to help you. The lawyer can determine the proper procedure and legal action, based on the facts, and put it into motion. Good luck.

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