To legally remove someone from your house, you must follow specific legal procedures, as you cannot simply force them to leave or change the locks. The exact steps often depend on the nature of their occupancy and local landlord-tenant laws.
How to Make Someone Leave Your House Legally?
Making someone leave your house legally requires adherence to established legal processes, typically involving formal notice and, if necessary, an eviction lawsuit.
Understanding Occupancy Status
Before taking action, it's crucial to determine if the person is considered a tenant, a guest, or a squatter, as this will dictate the legal process. If the individual has established residency, even without a formal lease and not paying rent, they may be considered a month-to-month tenant or a "tenant at will" in the eyes of the law. This is often the case if they have received mail at your address, have belongings there, or have lived there for an extended period.
The Legal Eviction Process
If the person is considered a tenant (even if not on a lease and not paying rent, but has established residency), you must initiate a formal eviction process. This process ensures due process and prevents illegal self-help evictions.
1. Provide Written Notice to Vacate
The first step is to issue a formal written notice to vacate the premises. This notice informs the person that you are terminating their right to occupy the property and specifies a deadline by which they must leave.
- Type of Notice: For someone considered a month-to-month occupant who is not on a lease, a 30-day notice is typically required. The exact notice period can vary by state or local jurisdiction, but 30 days is a common standard for month-to-month tenancies.
- Delivery: Ensure the notice is properly served, usually via certified mail with a return receipt requested, or by a process server, to create a legal record of delivery.
2. File an Eviction Lawsuit (Unlawful Detainer Action)
If the individual does not vacate the property by the deadline specified in the written notice, you will then need to file an eviction suit in court. This legal action is often called an "unlawful detainer" lawsuit.
- Court Filing: You will need to file a complaint with the appropriate court (e.g., small claims court or a specific housing court, depending on your jurisdiction).
- Court Hearing: The court will schedule a hearing where you can present your case for why the person should be removed. The occupant will also have an opportunity to present their defense.
- Judgment: If the court rules in your favor, it will issue an eviction judgment.
3. Law Enforcement Removal
After obtaining a court order for eviction, law enforcement (such as the sheriff's department or marshal's office) is typically responsible for executing the eviction. You cannot physically remove the person yourself.
- Writ of Possession: The court will issue a "Writ of Possession" or similar document, which authorizes law enforcement to remove the occupant.
- Supervised Removal: A law enforcement officer will serve the writ and supervise the removal of the individual and their belongings from the property.
What You Cannot Do
It is crucial to understand and avoid "self-help" eviction methods, which are illegal and can lead to severe penalties, including fines and civil lawsuits against you.
- Do NOT Physically Remove Them: You cannot physically force the person out of the house.
- Do NOT Change the Locks: Changing locks while their belongings are inside or while they are still residing there is illegal.
- Do NOT Shut Off Utilities: Cutting off essential utilities like water, electricity, or gas is prohibited.
- Do NOT Remove Their Belongings: You cannot unilaterally remove their property from the house.
Summary of Legal Steps
| Step | Action | Description |
|---|---|---|
| 1 | Provide Written Notice | Deliver a formal 30-day (or appropriate) written notice to vacate. |
| 2 | File Eviction Suit | If they don't leave, file an "unlawful detainer" lawsuit in court. |
| 3 | Obtain Court Order | Attend the court hearing and secure a judgment for eviction. |
| 4 | Law Enforcement Removal | Have law enforcement execute the eviction with a "Writ of Possession." |
Important Considerations
- Seek Legal Advice: Eviction laws are complex and vary by state and even city. It is highly recommended to consult with a landlord-tenant attorney to ensure you follow all local laws correctly and avoid legal pitfalls.
- Documentation: Keep thorough records of all communications, notices, and court filings.
