What are my rights to ask a friend to leave

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights to ask a friend to leave

Friend staying with me paid rent thru end of this
month I asked to leave gave him till mid next month
because he was using drugs in my home he chose
to leave last night do I still need to serve a eviction
I’m afraid for my child’s safety and mine because of
the drug use and him coming and going all hours of
the night

Asked on September 24, 2017 under Real Estate Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF he has left, told you he's leaving, clearly moved out (nothing valuable left behind) and/or returned your key(s), you should not have to evict him: a tenant can voluntarily (even at landlord urging, or to avoid a pending eviction) move out, and if the tenant does return possession to you and give it up, there is not need to evict.
(Note: we are calling him a "tenant" and not your "friend" because regardless of whether he was also your friend, if he paid you rent, he was your tenant.)
If he did not clearly move out--e.g. still has the key; did not definitely tell you he was moving out; just "disappeared" but left belongings behind, so he may be returning; etc.--you would have to evict. You can only avoid the necessity of eviction when the tenant's moving out and giving up possession is completely clear and unequivocal.

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