Can I force my granddaughter’s boyfriend out of my home with 30 days notice?

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Can I force my granddaughter’s boyfriend out of my home with 30 days notice?

My granddaughter and her boyfriend live here. There is no rent or rental agreement. There is no mortgage on the home. They have been paying the bills for almost a year of approximately $400 a month in bills to

run the home.

Asked on July 27, 2018 under Real Estate Law, Alaska

Answers:

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

Answered 6 years ago | Contributor

Even though there is no lease agreement, he will still be considered to be a "tenant" since they have paid the bills for the house and this legally constitutes a form of rent. Accordingly, since no written agreement exists, he is a month-to-month tenant which means that you can give a 30 day notice to vacate. If he fails to do so, then you will need to file for an "unlawful detainer" (i.e. eviction). Be sure to follow all legal requirements for this as any non-compliance will result in the case being thrown out, at which point you will need to start the entire process over. At this point, you may want to consult directly with a local lawyer who handles landlord/tenant cases as they can best advise you further as to specific state law.


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