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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53975
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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What do you do when you family member had a key to your home

Customer Question

What do you do when you family member had a key to your home in Montgomery, AL. The house is yours and every thing in your name and they been living there fore a year. You want move one and take every thing out of your name and cut everything off not to mess up your credit. This is been going on for year would a bee wrong to turn all stuff off. KM
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Just so I can make sure I fully understand...is the situation that these people are living in a home that you own and you want them out of it? Thanks.

Customer: replied 11 months ago.
some of the stuff in the home is my mother who passed away. Do I sell or keep please let me know.
Expert:  Richard replied 11 months ago.

Thanks for following up. You can force them out. Since they've been there a while, if they won't leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and even if they are paying nothing, the occupants are considered “at will” tenants and treated legally as month to month tenants. As such, you can terminate this tenancy by giving written notice of at least 30 days. If they then do not leave voluntarily, under Alabama law, you will then need to give a 10-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still don't leave, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. Since you are the owner of the home, you can sell it at any time you choose; although it will be most helpful in selling the place to get them out first.

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 them 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!

Expert:  Richard replied 11 months ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 11 months ago.

Thanks for following up with regard to your stuff in the house. If it's stuff they are using as tenants, you would have to leave the stuff until you evicted them. If it's stuff that's not being used in their tenancy, but is just there, you can remove that and/or sell it.

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