If I’m trying to remove two family members from my house, what is the legal process/proceedings for doing this?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m trying to remove two family members from my house, what is the legal process/proceedings for doing this?

Keep in mind the 2 members do not pay rent and there is no lease agreements. We do not charge family members rent; lived with us almost 10 years until recently going sour.

Asked on October 11, 2012 under Real Estate Law, Virginia

Answers:

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

Answered 11 years ago | Contributor

Whether or not a lease (written or oral) exists, at this point these family members may well be considered to be tenants in the eyes of the law; it depends on whether any form of rent was paid (even utilities, cable TV, etc). If there was no rent of any kind given, after so long an occupancy they will at least be deemed to be "licensees" (i.e. long term guests). Either way, your family members will be accorded rights under the law. Consequently, you will need to go through a formal eviction process to remove them from your house. The legal way to remove them from the premises is to serve them with a notice to quit (30 days is the norm). If they fail to leave at the end of the time specified in the notice, then you will have to file an "unlawful detainer" (i.e. eviction lawsuit) with the court. Once the court enters an order for them to vacate the property it will be enforced by a sheriff, if necessary.

What you need to do now is to speak with an attorney in your area. They can best advise you on the correct procedures for all of this; you can also contact a tenant's rights organization for inormation as well. If you fail to comply with all legal requirements, you could find yourself on the receiving end of a civil suit for unlawful eviction. So don't be tempted to try self-help measures such as changing the locks or removing their belonging from the house.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption