Can Family Members Utilize Eviction Law?

Eviction laws generally protect the tenants by giving them enough notice period before an eviction even if the tenant is at fault. There are certain nuances in the law to protect the rights and interest of the landlord also. In a much similar way, a family member who is not contributing or posing threat to other members or the neighborhood can also be evicted from the property. Eviction of such family members has to be done as per the guidelines of your state's eviction jurisdiction.

When can the Law be Used?

Although there are ways to evict a family member, it is possible only when you can prove that you have a legally accepted landlord tenant relationship with that erring family member. When you have such a proof, you can evict that family member based on reasons like non-payment of the rent, indulging in criminal activities, destroying or damaging the property, failure to repair or maintain the property, refusing to comply with the rental agreement and so on. For such just reasons, you can issue an eviction notice to the family member just like you do for a non-family tenant.

Eviction Procedure

The general procedure is to issue a written notice before you start the legal suit against him. Usually it is 5-day notice for the nonpayment of the rent, while it is a 30-day period for occupancy less than a year for other just reasons, and 90-days notice period for an occupancy period of more than a year for just reasons other than the failure of rent payment. If the tenant (here the family member) does not respond within this notice period, then you can file a case, submit summon and lodge a complaint of Unlawful Detainer with the superior court in the state of the family member's residence. Then,the summon is issued by the process server, asking for explanation from the family member tojustify his or her actions. After this, the trial takes place and if you win, the Sheriff will issue an eviction notice within 5 days of the judgment. Still if the member refuses to evict, Sheriff can use physical force to evict him or her.

Getting Legal Aid

When there is no proof of landlord–tenant relationship, it may become difficult to evict a family member legally as even the police will not get involved in such civil cases. Hence, it becomes mandatory to approach and consult your case with an eviction attorney. Take advice from the attorney to legally evict the family member without allowing for further complications.

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