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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53669
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Can i legally remove my adult daughter from my house when she

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Can i legally remove my adult daughter from my house when she has no legal responsibility to my house, her name is XXXXX XXXXX the mortgage, she does not pay rent, there was not a landlord/tenant agreement between us...i have given her an ultimatum to go get help or get out and she refused the help that i found for her
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. Unfortunately, you do need to go through the legal process to avoid being accused of an illegal eviction. Even though there is no lease and if a person is intended to be just a guest, after that person has been in occupancy for more than a couple of weeks, that person becomes an "at will" tenant even though paying nothing. Such a person is deemed to be a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Pennsylvania law, you will then need to give a 15-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Thank you for the positive rating. I work hard to make sure each of my JustAnswer customers is fully satisfied. So, if there is any additional information you need, please let me know and I'll be happy to provide any additional help needed. Thanks again!

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