How do you evict a friend from your own home if there’s no lease?

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How do you evict a friend from your own home if there’s no lease?

Asked on December 7, 2012 under Real Estate Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your friend is not a tenant (meaning you did not anticipate or request or demand this person pay rent) and you did not intend on being a landlord, you simply need to ask the person to leave.  This person is a guest and has no possessory right to the place.  If the person does not leave, then you need to contact the police and ask for a civil police escort.  However, if this person is acting as a tenant (you accept money for a portion of the home), then you may need to go through legal eviction proceedings, which includes a notice to quit or pay and then file a motion in court. 


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