What to do if we allowed a relative to move into a trailer on our property but she brought her male friend with her and now we want them to leave?

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What to do if we allowed a relative to move into a trailer on our property but she brought her male friend with her and now we want them to leave?

He is unable to get and keep a job and has now been at our home for over a year and a half. We asked him to leave in November but he says he has no where to go. Our family member is not being asked to leave. We are going to give him an official date for about 6 months from now, so that he can figure things out. They have never paid rent nor do we want them to for fear this may give them more leverage. What rights and actions are available to us if he still refuses to leave. He is causing me medical issues. I have major depression disorder with mild P.T.S.D. and have been under doctor care for over a year. His presences is unbearable.

Asked on December 11, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If someone does not pay rent to you but you have allowed them to live with you, they are a guest or invitee. A guest may be asked to leave at any time, and it does NOT matter if they have nowhere else to go. If the guest does not leave when you ask him or her to do so, you can bring what is known as an "ejectment" action (eviction for non-tenants) in court to have them removed by court officers. You have to do this through the courts, unfortunately. An ejectment adtion is slightly more complicated than an eviction, so if it comes to this, you should retain an attorney to help you.


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