How do I evict a guest?

UPDATED: Sep 29, 2022

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How do I evict a guest?

I rent my house to my uncle with rental agreement. His daughter and her family have moved here and will be taking over renting when uncle vacates. At this time they are guests in his house with no contract for renting thus far. Things are so bad over there with the disrespect and control my cousin and her husband being the aggressors that my uncle and his girl are going to move out and stay in a motel until their house is done being built. If the non-renters decide not to sign a contract, the right thing is to vacate when my uncle does, but what if they refuse? Do I have to evict them as squatters? I’m hoping not to have any issues, but looking for advice just in case!

Asked on September 2, 2015 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Actually, you can't evict them if they are your uncle's guests unless you evict him--which means unless you have grounds to evict him such as nonpayment of rent damage done to your home etc.. A renter has the right to have guests you can't get rid of the guests unless you get rid of the renter. If the written lease with your uncle--if you have a written lease, as it appear you do from your question--states that he can't have long term or overnight guests, that might give you other grounds to get rid of him--not them, him. If/when you evict your uncle, then anyone whom he has allowed to be there must leave, too. 

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