Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. He can not force her out without getting an eviction
order. To do so would constitute an illegal eviction and make the father liable for actual and punitive damages
. Even if there is no lease and a person is only considered a guest and paying nothing,
the law does not allow the owner to forcibly evict a tenant without
obtaining an eviction order from a court. Such a tenant is deemed a month to month
tenant. First, the owner must give her a written notice of at least 30 days to terminate the tenancy. But, if the
termination date comes and the tenant doesn't move out, the owner cannot
simply change the locks or throw the tenant's things out. Rather, what the owner has to do is to first deliver a Notice to Quit in
Maryland...which basically says the tenant has a specified number of days to leave or face formal eviction. But, if the tenant still doesn't leave, the owner must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a
hearing. Your friend will get a notice of this hearing and can attend and contest the owner's right to terminate. If the judge finds in her favor, the owner's petition will be dismissed without the eviction order being issued and that will be the end of it. Only if and when a judge has issued the eviction order can the owner have the tenant evicted. That will buy your friend a good bit of time even if she doesn't contest or doesn't prevail.
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