Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. While there's no obligation to evict a "houseguest", the longer he has been there, the more likely that a court will determine that he is a resident of the property that has to be evicted.
Since he has been living there for 4 years, a judge would almost certainly determine that he was a resident with rights to be evicted, and if you don't go through the notice process, you could find yourself on the hook for wrongful eviction.
As for stealing something, while that's a possibility, it's also a crime. If he steals something, report him to the police.
Now you could try the "get out" eviction (in that you tell him to take his stuff and leave, while changing locks, etc...) But if he does not, you would need to evict.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Hi...Sorry for the delayed response. I'm nearly ok with this response, but need a little more detail on where the lines are. I'm not familiar with wrongful eviction or eviction as a process. Hypothetically let's say I use the "get out" eviction and he refuses as he's done many times before when this subject came up. How do I start the eviction process and how long does it take? I pay for all food and amenities...can I legally deny his right to store food, cosmetics, use internet, watch TV and essentially encourage his moving out without violating "tenant rights"? Lastly does a judge fine one such as myself if I were to change locks?
You could change the locks, although he could call a locksmith to get back in. It's not "self help" eviction that would otherwise be illegal if you were a landlord.
Since you pay for the internet, TV, etc... you can absolutely deny him this.
These are not rights.
As for storage of food, that's a bit more difficult. When in doubt, I would say don't go there, but there's an argument that could be made that you have no obligation to provide him any storage location either.
As for starting the eviction process, go to the justice of the peace court, get eviction forms, and fill them out. File with the clerk, and you should get a hearing date and time.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!n
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).