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  1. #1
    Join Date
    Sep 2016
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    Default Is Formal Eviction Required for a Family Member

    If you have a family member who lives with you, and you have agreed not to charge any rent or utilities due to his financial situation, do you have to formally evict him to make him move out? He was given four months notice, and he shows no sign that he is going to move.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is Formal Eviction Required for a Family Member

    It's not clear if you are stating that the goal was for him to pay rent, but he was unable to do so, or if he was paying rent and then you stopped charging the rent due to his financial situation. The closer the matter comes to being a tenancy -- including an agreement to pay rent in the present or future, even if no rent is actually paid -- the more likely it is that you will need to provide legally proper notice to terminate the tenancy, followed by an eviction proceeding if he does not move.

    You can try speaking with the local police to see if they would treat him as a trespasser if he won't leave, or if they would require an eviction order to assist you with his removal. If they will require an eviction order, whether they are right or wrong in that requirement, you are likely going to have to evict the relative.

    You need to make sure that your eviction notice is legally adequate. The notice you have given may be valid to support an eviction case at the end of the four moths but, if not, you'll have to serve a new notice. Consider having a lawyer review the notice and advise you based on the full facts.

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