If my uncle has been living with me and my familyin ourapartmentfor about 5 yearsbut he now has gotten increasingly rude, how canI kick him out?

Asked on November 6, 2011 under Real Estate Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To evict someone from their established home, the person who is entitled to possession of the premises must sue in court. Since (I'm assuming) the lease is in your name and not your uncle's, you are the legal occupant so you would be the one to file for an "unlawful detainer (i.e. eviction lawsuit) not your landlord. You did not indicate whether or uncle pays you rent or not. If he does he is a "subtenant"; if not he is a "licensee". He is however a "licensee" (i.e. someone invited to enter and remain on the premises). Now that his "license" or invitation has been revoked, he will need to be formally evicted. 

Note: If your uncle pays any rent directly to your landlord, then he is your landlord's tenant. In that case your landlord will have to evict him since only landlords can evict tenants.

At this point it is important that you follow all legal procedures, including serving him with a proper notice to quit the premises. Attempting to remove someone from their legal residence in an unlawful manner opens up liability for damages in a civil suit.  Therefore do not use self-help rememdies such as removing his personal belongings or changing the locks. 

Bottom line, you should consult with a landlord-tenant attorney for further information as to your specific situation.

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