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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I have a relative that I have let live in my home in another

Customer Question

I have a relative that I have let live in my home in another state. I now have asked her to leave due to some significant issues and she refuses. What can I do?
Submitted: 3 months ago.
Category: Legal
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

The first thing to try is to contact the police, explain exactly what is happening, and ask them to contact her, ask her to leave, and "read her the criminal trespass warnings". However, they're probably not going to do that, they're probably going to tell you "it's a civil matter". If that happens then your only choice is to file for an eviction through the courts.

An eviction under your fact works exactly the same as an eviction when a tenant doesn't pay their rent. The same notices, the same pleadings, etc. with the exception of the parts where they ask how much does the person owe and you have to tell them $0.

Once the eviction is finished the court will order them out of the house.

Since this is in a different state you may want to consider hiring a lawyer to file the eviction for you and then suing for their attorney's fees as well as the order for the person to leave the house. The lawyer will send them a notice letter first and explain how much the attorney's fees will be if they have to file suit and get a judgment. Often this makes the person go ahead an leave the property.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 3 months ago.
She is now claiming we had a verbal agreement for her to live there forever. Since this is my older sister, I would have let her stay there if she abided by my wishes and not let her son or daughter move in there. I pay all the expenses, electric, cable, water, garbage pick up, telephone; and keep the house maintained . He crazy daughter has moved in before and stayed quite some time before she left. Now she has lost her job and is moving in and had been staying there. She has left upon discovering she had been there. Her belongings and junk car are on the property. What about that?
Customer: replied 3 months ago.
She is being coached by this daughter. She threatened me by texting "I have a gun" Saturday. I do not want her in my house. Because of that, its has caused this episode to escalate. I have then ask my sister to leave. Can I get a restraining order on the daughter?
Customer: replied 3 months ago.
How about if I sell the house?
Expert:  Dwayne B. replied 3 months ago.

In order for there to be an agreement as to living there it must have been in writing because 1) it was to last over a year and 2) it is for real estate.

You can get an injunction against the daughter but the facts you have given are even more reasons to hire a lawyer.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

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