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legalgems, Arbitrator
Category: Real Estate Law
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Experience:  Just Answer consultant at Self employed
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As a homeowner, how do we get rid of a person living in our

Customer Question

As a homeowner, how do we get rid of a person living in our house who is not a lodger and pays nothing for room and board and contributes nothing to the household? This person is our nephew and is 21 years old with a suspected drug habit and no gainful employment. He is narcissistic, conniving, non-conforming, manipulating and a thief. Over the years he has taken advantage of our good nature to help him choose the right path, unavailingly. He has no goals or motivation to improve his human condition and continues to demonstrate many aberrant behaviors.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

If the person is a long term house guest, the court will typically find there is a tenancy at will (that the living situation created an implied tenancy) {tenancies can be created by a lease agreement, or via implication).

As such, the house guest would be afforded the same rights as a tenant, which requires the landlord (LL) to follow the eviction process after providing sufficient notice.

Per code 66-28-512, the LL must provide 30 days notice to the tenant and if they fail to vacate, one must proceed with eviction.

Code 66-7-109 does allow for 14 days notice under limited circumstances:

(1) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;

(2) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or

(3) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.

I am sorry you are having to deal with this; unfortunately it is not uncommon when a house guest overstays.

Here is information on tenant's rights

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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