What is the process of getting a guest to move out of your home?
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What is the process of getting a guest to move out of your home?
My friend has been living with his friends who own their home outright. They said he could stay with them indefinitely and he buys groceries and helps with various chores and repairs. There was never a rental agreement and now they want him to move out. Do they need to file an eviction and how long of a notice is he given – 30 day eviction notice (?) They allowed him to live with them because he has nowhere to go and they know he will be homeless once they throw him out.
Asked on August 13, 2011 South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
At this point since he helped with groceries and made repairs, etc., your friend may well have achieved the legal status of tenant (there need not be a formal lease). Even if he didn't a long term guest can also be considered to be a "licensee". In either event (tenant or licensee) the lawful way to get himto leave is to deliver to him a 30 day notice. If he fails to vacate by the date specified, then the "landlord" will need to go to court and file an "unlawful detainer" action (i.e. eviction lawsuit). At that point, if he still fails to remove himself from the premises, the landlord can have the sheriff do it (by physical force if necessary).
Note: If the landlord attempts any self-help measures such as changing the locks or removing your friends personal belongings, he could sue for wrongful eviction.
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