How To Evict A Guest From Your Home Legally?

A guest is a short‑term visitor who does not hold exclusive possession, does not pay rent, and whose stay lacks a landlord‑tenant intent; a tenant enjoys those three hallmarks and thus gains statutory protections (vary by state, see Nolo's tenant‑landlord basics).

Consider a college roommate who lives rent‑free for three weeks while the homeowner retains control of the bedroom - that person remains a guest. Contrast that with a cousin who signs a month‑to‑month agreement, pays $800 monthly, and locks the apartment door; exclusive possession and payment create tenancy despite a brief duration.

A boarder who contributes to utilities without a formal lease may still be a tenant if the homeowner intended a rental relationship and allowed exclusive use of a space. Conversely, a friend crashing on a couch for a weekend, contributing nothing, and staying only with permission, stays a guest.

When a visitor's behavior matches tenant criteria, the homeowner loses the ability to treat them as a mere guest.

• Pays rent or a consistent fee, especially under a written or electronic agreement.
• Remains on the premises for 30 + consecutive days, with the exact cutoff varying by state (some require 90 days).
• Receives mail addressed to the home as a primary residence, indicating intent to stay.
• Appears on utility or service accounts, establishing a legal occupancy link.
• Uses the address for official documents - driver's license, voter registration, or employee records - signaling a permanent dwelling.

A correctly written eviction notice gives you the only legal leverage to ask a guest to vacate.

1. **Label the occupier accurately.** State that the person is a 'guest' or 'licensee,' not a tenant, and include their full name and the property address.
2. **State the demand plainly.** Write a single sentence that the guest must leave the premises and specify the exact date by which they must be gone.
3. **Confirm the required notice period.** Research your state's statutes or local court rules; many jurisdictions impose no statutory notice for guests, while others set a specific timeframe that may be shorter or longer than the commonly cited 3‑7 days. Consult a reliable legal guide to avoid an unlawful deadline.
4. **Reference the legal basis.** Cite the applicable code section or local ordinance that permits the notice, or note 'pursuant to applicable state law' if the exact citation is unavailable.
5. **Provide contact information.** List a phone number or email where the guest can respond to arrange the move‑out.
6. **Sign and date the document.** Include your signature block and the date of issuance; a handwritten signature carries more weight than a typed name alone.

Following these steps creates a notice that satisfies legal formalities, setting the stage for the delivery methods discussed in the next section.

Serve the notice exactly as the jurisdiction allows, remembering the occupant remains a guest until a tenancy is established.

• Confirm the person's status; if stay exceeds the local 'guest‑to‑tenant' threshold, follow tenant‑specific rules instead.
• Choose an approved delivery method - personal hand‑off, certified mail with return receipt, or posting on the door where local law permits.
• Include the required elements: date of notice, clear statement to vacate, any cure period mandated by state statutes, and the landlord's signature.
• Retain proof of service - photo of posted notice, mailed receipt, or signed acknowledgment - to defend against future disputes.
• Observe the statutory notice period (often 3 - 30 days) and do not shorten it to 'speed up' the process.
• Avoid self‑help actions such as changing locks, disconnecting utilities, or removing belongings; these violate eviction statutes and may expose you to civil liability.
• Check local ordinances for special requirements - some cities demand a specific form or language, others require delivery in person only.
• If the guest disputes the notice, refrain from intimidation; instead, prepare for the next step of handling refusal as outlined later.

The moment a guest refuses to vacate, the only lawful recourse is a formal eviction - not a DIY lock change or a 'take‑it‑back' stunt. If the person has crossed the threshold into tenant status (as outlined earlier), they gain statutory defenses and must be removed through the proper court system; even a short‑term guest can be compelled to leave only after a valid eviction notice and a court order. File the action in the local civil or housing court that handles landlord‑tenant disputes, because small‑claims courts generally lack eviction jurisdiction.

After serving the notice and waiting the statutory period, submit the complaint, pay any filing fees, and request a hearing. Upon receiving a court order, schedule the sheriff's service; the officer will physically remove the occupant and return any personal property. Never alter locks, discard belongings, or threaten violence, as those self‑help tactics can expose you to civil liability. The next step - detailed in the 'file eviction in court step‑by‑step' section - walks through paperwork, service, and enforcement specifics.

File the eviction in court by following a precise, jurisdiction‑aware sequence. After the notice period ends, the homeowner must turn the dispute into a formal legal claim, otherwise the guest's stay remains protected by local statutes.

• Collect the original notice, proof of service, and any written agreement that shows the guest's status as a guest, not a tenant.
• Download the proper complaint form - often titled 'Unlawful Detainer' or 'Summary Possession' - from the county clerk's website (California eviction forms guide) or your state's equivalent portal.
• Fill in plaintiff and defendant names, exact move‑in date, notice‑served date, and the reason for removal (e.g., overstayed guest).
• Pay the filing fee; amounts differ by jurisdiction but typically range from $50 to $200.
• Submit the completed paperwork to the clerk of the court that covers the property's address.
• Request a hearing date; some jurisdictions require an optional mediation step before the judge hears the case.
• Arrange service of the summons and complaint on the guest according to local rules - often via a sheriff's deputy or certified mail with a return receipt.
• Retain the service affidavit and any docket entries as evidence for the upcoming hearing.

With the docket active, the homeowner prepares testimony and documentation, setting the stage for the next phase: handling a guest's refusal to leave.

Self‑help eviction, such as changing locks, turning off utilities, or confronting a guest, creates legal headaches and costly lawsuits. Courts consistently reject these tactics, favoring formal notice and a court order.

• Changing locks breaches most state statutes and can trigger a claim for illegal ejectment, forcing the homeowner to cover damages and attorney fees (illegal self‑help eviction statutes).
• Shutting off electricity, water, or internet constitutes constructive eviction; judges may award rent‑equivalent compensation even when the occupant was only a guest (constructive eviction consequences).
• Physically removing or intimidating a guest often leads to criminal assault or harassment charges; police involvement rarely accelerates the process (assault and harassment penalties).
• Posting 'No Trespassing' signs after the guest has moved in does not replace a court order; without a formal notice the guest retains the right to stay until eviction is granted (no‑trespassing sign limits).
• Filing an unlawful detainer without first serving a proper written notice violates procedural rules, resulting in dismissed filings and additional fees (unlawful detainer filing rules).
• Assuming the guest will leave after a verbal warning ignores jurisdictional notice‑period requirements; neglecting these can extend the stay by weeks (required eviction notice periods).
• Settling on a 'mutual agreement' without a written release leaves the homeowner exposed to future possession claims; a signed settlement provides the only safe exit (written settlement importance).

a short‑term 'guest' notice suffices; a written demand that sets a reasonable deadline - often 5‑10 days depending on state law - must accompany a petition for a writ of possession before any lock change. The notice should name the guest, cite the homeowner's ownership, and state that failure to vacate will trigger court action, mirroring the drafting tips from the earlier 'draft your eviction notice correctly' section. Filing the petition, then waiting for the judge's order, protects the homeowner from trespass claims and avoids the self‑help pitfalls discussed later.

they acquire tenant status and all landlord‑tenant safeguards apply. The homeowner then follows the full eviction process outlined in 'file eviction in court step‑by‑step': serve a statutory notice (often 30 days), file a complaint, attend a hearing, and obtain a writ before changing locks or removing belongings. Skipping any of these steps invites liability, as highlighted in the 'avoid costly self‑help eviction traps' section. (For state‑specific timelines, see Nolo's guide to evicting a tenant.)

Remove rent‑free long‑term visitors by serving a legally‑compliant notice that reflects their possible tenant status.

• Confirm the stay exceeds the threshold that creates tenancy in your state (as little as 7 days in some jurisdictions, up to 30 days in others, especially when the guest receives mail or pays utilities).
• Draft a notice that cites the appropriate notice period: non‑tenant guests often require 3‑30 days, whereas month‑to‑month occupants may need 30‑60 days depending on local law.
• Deliver the notice using an approved method - certified mail, hand‑delivery with a signed receipt, or posting on the door if permitted - and retain proof of service.
• Keep a copy of the notice and any delivery records; they become essential evidence if court action follows.

If the visitor remains after the deadline, the next step is to file a formal eviction, as outlined in the 'file eviction in court step‑by‑step' section.

Unconventional guest arrangements - such as informal sublets, house‑sitting swaps, or extended family stays - still follow the same legal framework, but the exact steps hinge on how the relationship is classified locally. If the occupant has paid rent, utilities, or lived on‑site beyond the jurisdiction's guest‑to‑tenant threshold (often 10‑30 days, but varies widely), the law may treat them as a tenant, granting full eviction protections.

Notice periods differ dramatically; some states require as little as three days for a month‑to‑month tenancy, while others mandate up to sixty days for seasonal rentals. Draft the notice to match the local statutory language, cite the specific tenancy type, and deliver it according to the approved method - certified mail, hand‑delivery, or posting - so the notice cannot be disputed later.

Should the guest ignore the notice, pursue a formal eviction filing rather than resorting to lock changes or utility shut‑offs, which remain illegal everywhere. Prepare evidence of the guest's status, the delivered notice, and any rent‑related payments, then request a summary judgment or small‑claims hearing as appropriate. For jurisdiction‑specific templates, see Nolo's eviction notice guide.

Expect the entire eviction to take anywhere from a few weeks to several months, depending on local court speed and the guest's cooperation. The clock starts once a proper notice is served - a step we detailed above - and stops after the final judgment is enforced.

Typical outlays include: service of notice ($30‑$100), court filing fee (often $100‑$300; see average eviction filing fee by state), attorney retainer if you hire counsel ($500‑$2,000), and possible relocation assistance if a judge orders it. Add modest travel or courier expenses, and budget an additional 10 % for unforeseen filings or appeals.

Myths swirl around guest evictions, but facts are simple: a short‑term visitor remains a 'guest' with no statutory protection until a jurisdiction‑specific threshold - often a 30‑day continuous stay or regular rent payments - elevates them to 'tenant' status (as we noted when defining legal status). A verbal request does not satisfy legal notice requirements; written notice, delivered per the rules in the 'deliver notice without breaking laws' section, is mandatory. Self‑help tactics like changing locks or cutting utilities rarely qualify as lawful eviction and can expose the homeowner to liability. Police typically ignore civil disputes unless criminal conduct is evident, so expecting officers to 'kick out' a guest is misguided. Paying rent does not automatically create tenancy; many states require both rent and a defined lease term before tenant rights trigger.

Finally, assuming a guest can be evicted without court involvement overlooks the due‑process steps outlined in the 'file eviction in court step‑by‑step' guide; the court must grant a judgment before enforcement actions commence. For a concise legal rundown, see Nolo guide to evicting a guest.