What steps doI need to kick a family member out of my house who refuses to get their own place?
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What steps doI need to kick a family member out of my house who refuses to get their own place?
My mother is living with me at the moment and 5 months ago. I told her that I wanted to move out and get her own place by next month. She is acting like she’s not going to move out. If she doesn’t, what steps do I need to take next to make this happen?
Asked on February 13, 2012 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother is not paying rent (including paying "rent" by regularly contributing to taxes, mortgage, utilities, etc.), is not on a lease, and does not have any ownership interest in the premises (e.g. is not on title), she is technically a guest. As a guest, she may remain there only so long as you let her, and you may withdraw permission at any time. Therefore, if this is the case, you should be able to simply tell her to leave and, if she does not, the police in theory should then remove her as a trespasser.
The reason I say "in theory" is that the police often refuse to do this when it's family and/or someone who claims they are a "tenant" (e.g. claims to have a lease, even if an oral one, or to pay rent). In those cases, the police usually prefer if the landlord-tenant court sorts matters out. Therefore, if the police will not intervene, or if she does have a lease or is paying rent, you will need to evict her through landlord-tenant court.
If she has a written lease, you could only evict her at the end of the lease (by not renewing it) or if she breaches the lease (such as by non-payment of rent). If not--if it is, or could be treated as, an oral lease)--provide her thirty days notice that you are terminating her tenancy (do it some way you can prove delivery; e.g. both tell her this and hand her a written notice in front of witnesses; also mail and cert. mail with return receipt, to really over your bases). If she does not leave at the end of those 30 days, file an evition action; if you contact the court, they will direct you to sample forms and instructions.
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