If Iam trying to have someone removed from a propertyI own and there’s no lease and no rent is paid, doI have to file an eviction or canI justchange the locks?

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If Iam trying to have someone removed from a propertyI own and there’s no lease and no rent is paid, doI have to file an eviction or canI justchange the locks?

My brother, sister-in-law and niece live in the house. My brother wants his wife removed. They don’t pay rent; I just allow them to stay there.

Asked on February 3, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want to help your brother in evicting solely your sister-in-law where no rent is paid and there is no written lease with her, you cannot legally change the locks to the unit. To do so would expose you to great liability.

The way to remove your sister-in-law legally is to serve her with a 30 day notice to vacate. If she does not vacate within this time period, you then file an unlawful detainer action (eviction matter) and serve the summons and complaint upon her. If matters require the filing of an eviction action, I suggest that you consult with a real estate attorney to assist you.


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