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Loren, Lawyer
Category: Real Estate Law
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Experience:  30 years of real estate practice experience.
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Can aproperty owner evict a member of the family who is

Customer Question

can aproperty owner evict a member of the family who is disruptive and does not share in the cost or upkeep. she is 28 years old and has lived with her mother and father for about three years and they want her out oftheir house. how is it done?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Loren replied 10 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 10 months ago.

Presuming the person to be ejected is not on the title, being a resident, they have the rights of a month to month tenant (even if they are not required to pay rent).

In Arkansas you would need to give written notice that their right to occupy the premises is terminating in 30 days.

If they do not leave in 30 days you will need to file a petition for an order of ejectment in the county court. This is similar to an eviction, but it is used to get someone out of a property when they are not required to pay rent.

You would get the order for ejectment and take it to the sheriff for execution. They would come to the premises and put out the family member and their personal property.

You are not required to use an attorney, but it is strongly recommended if you are going to go to court. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

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