How To Get An Eviction Notice For Someone Living With You?

Identify whether your roommate qualifies as a tenant, a licensee, or a guest before moving to any eviction steps. A tenant holds a lease or rental agreement that gives exclusive possession and obligates rent payment. A licensee occupies the space under a revocable permission, often without rent, and lacks exclusive rights. A guest merely visits temporarily and has no legal claim to stay.

Status varies by jurisdiction; consult your state's landlord‑tenant code for precise definitions (state landlord‑tenant laws overview).

• Tenant: signed lease, pays rent, controls unit, can be evicted through formal notice.
• Licensee: informal agreement, no exclusive possession, removable at will, may still require notice in some areas.
• Guest: short‑term stay, no contractual rights, typically no eviction process needed.

Determine the correct label, then proceed to the 'check local laws before acting' section for procedural details.

Confirm the jurisdiction's definition of tenant, guest, licensee, or occupant before sending any notice. City ordinances, state landlord‑tenant statutes, and local court rules each dictate whether a written eviction notice is required and what form it must take. Search the municipality's website for its housing code or eviction handbook; for example, Cook County eviction guidelines outline the exact steps in Chicago.

As we covered above, classifying the occupant determines whether a notice is required. Download the prescribed template from the clerk's portal, then verify compliance with any timing rules before proceeding to the drafting stage.

The eviction notice must name the occupant, state the reason, give the required notice period, and be signed and dated to meet legal standards.

1. Identify the occupant's legal role (tenant, guest, licensee, or other) as established in the earlier legal‑status section.
2. Write a clear heading, e.g., 'Notice to Vacate,' followed by the property address.
3. List the occupant's full name(s) and the date of the notice at the top left corner.
4. State the specific cause for removal - non‑payment, lease breach, or unauthorized stay - while noting that reasons and timelines 'vary by jurisdiction' and that local statutes should be consulted.
5. Specify the exact date by which the occupant must vacate, calculated according to the required notice period for the identified legal role.
6. Include a brief statement about the right to cure the issue, if applicable, and mention that failure to comply may lead to formal court action (see the 'how do you serve notice properly?' section).
7. Add a signature line for the landlord or property owner, and print the signer's name and contact information.
8. Attach a copy of the relevant local ordinance or a link to the official city code, such as Example City landlord‑tenant regulations, to demonstrate compliance.

Follow these steps precisely; any deviation could invalidate the notice and stall the eviction process.

• must deliver the notice, and the document must satisfy every statutory element in the relevant jurisdiction.
• Acceptable delivery methods vary; many states allow personal hand‑off, certified mail with return receipt, or, where permitted, posting on the door followed by mail. Verify the allowed method locally before acting.
• The notice must contain the landlord's name, the occupant's name, the specific legal reason for eviction, the required cure period or move‑out deadline, the exact date of service, and the landlord's signature - omit none of these or the notice is invalid.
• Record the service by keeping the certified‑mail receipt, the signed affidavit of personal delivery, or a photographed copy of a posted notice; these proofs become crucial if the case proceeds to court.
• Before serving, review the city or state's eviction statutes or consult an attorney to ensure compliance and avoid costly procedural errors (sample eviction notice forms).

If the tenant ignores the eviction notice, the landlord moves to a court‑ordered removal.

• The landlord files an unlawful detainer or summary eviction action in the appropriate court.
• A hearing is scheduled; the occupant's silence does not postpone it.
• The judge may grant a judgment for possession, often adding back‑rent or other damages.
• A sheriff, constable, or authorized officer executes the order, physically clearing the premises.
• The judgment enters public records, potentially lowering the occupant's credit score and complicating future rentals.
• The landlord may initiate collection, wage garnishment, or bank levy to recover owed amounts.

Specific filing deadlines and procedural steps vary by jurisdiction; check the local housing‑court website for exact rules (local housing court resources).

Next, see how to track eviction timelines in your area for a smoother process.

Check the county clerk's website for the official eviction timeline; it lists filing deadlines, hearing dates, and required notice periods. Locate the state's landlord‑tenant code to confirm how long a tenant has to vacate after a notice is served. Remember that timelines vary by jurisdiction, so verify details with the local housing authority. Consider calling the court's self‑help line if the online calendar omits recent updates (as we covered in the notice‑drafting step).

Log each milestone in a simple spreadsheet, tagging the case's docket number and corresponding deadline. Use the online case tracker to confirm that scheduled hearings remain on track. Set calendar alerts 48 hours before every key date to avoid accidental slips. Later, the mediation‑before‑court section will show how timely tracking can strengthen a settlement offer.

The three most expensive mistakes to avoid when evicting a tenant, guest, or other occupant are skipping proper notice, filing the wrong form, and ignoring jurisdiction‑specific deadlines (as we covered above).

• Skipping or mis‑drafting the notice - Delivering an informal text or omitting required language lets the occupant claim improper service, forcing a costly court restart. Use the exact template mandated by the local housing authority and serve it by certified mail or personal delivery as required.
• Filing the wrong eviction type - Pursuing a 'unlawful detainer' for a licensee who never signed a lease creates a procedural mismatch, leading to dismissal and attorney fees. Verify whether the occupant is a tenant, licensee, or guest and select the corresponding form from the county clerk's website.
• Missing statutory timelines - Waiting past the grace period before filing or ignoring the mandatory waiting interval after notice triggers penalties or a forced settlement. Check the specific deadline in your city's code; many jurisdictions allow only 30 days between notice and filing.

Mediation provides a faster, cheaper path to settle disputes with a tenant, guest, or other occupant before initiating an eviction lawsuit.

Consider these steps:

• Contact an official local mediation program and book a neutral mediator.
• Assemble a brief outline of the conflict, including the notice already served (as we covered in the notice‑drafting section).
• Propose a realistic move‑out schedule or a payment arrangement that both parties can accept.

Success hinges on mutual willingness; if talks stall, filing a court action remains possible. Outcomes vary by jurisdiction, so checking local laws before proceeding is essential.

Free legal aid for eviction disputes comes from several public and nonprofit sources. Local legal‑aid societies, law‑school clinics, and tenant‑rights nonprofits often provide free representation to low‑income occupants; many courts also run self‑help centers. For a quick directory, see the Legal Services Corporation guide to free legal aid.

Eligibility usually hinges on income level, residency, and the fact that the case involves an occupant or guest; documentation such as the lease, written notice, and proof of income speeds the intake process. Since criteria vary by jurisdiction, check the specific guidelines of the chosen agency or the state bar's pro‑bono list.

Contact the provider by phone or through its online portal, then schedule a intake interview - often virtual - to review the eviction notice draft covered earlier. Prompt engagement lets a volunteer attorney spot filing errors before the court deadline, keeping the process moving toward the next step of determining when a guest can be legally removed.

A guest can be evicted only when the homeowner's permission has been withdrawn **or** when a landlord‑tenant relationship has been created, such as by accepting rent or signing a lease; merely staying a certain number of days never triggers tenancy (check your state's statutes for the exact criteria).

For example, a college friend who sleeps on the couch without paying rent remains a licensee and can be asked to leave with a simple notice. A cousin who begins contributing $500 a month and the homeowner cashes the check is now a tenant; formal eviction proceedings are required. In California, even a month‑long stay does not convert a guest into a tenant unless rent is accepted or an agreement exists (see evicting a guest or licensee). As we covered in 'determine your roommate's legal status,' identifying the correct category determines the next steps; the upcoming 'draft your eviction notice' section shows how to proceed once eviction is justified.

When a relative has exclusive possession, pays a share of utilities, and stays month‑to‑month, courts often classify them as a tenant. That triggers the statutory notice period - typically 30 to 60 days, depending on state law. Deliver the written notice, then file an unlawful detainer action if the deadline passes. Check the relevant statutes (see the state‑by‑state tenant‑right guide) and consult an attorney before proceeding, as highlighted in the 'determine your roommate's legal status' section above. (Yes, family can be a tenant too.)

When the same relative stays only intermittently, contributes nothing, and lacks any right to lock the door, the relationship usually resembles a licensee. A short written termination - often 10 to 30 days - suffices, and no formal eviction lawsuit is required in many jurisdictions. Nonetheless, some locales still demand a court order for forcible removal, so verify local rules (refer to the licensee versus tenant overview) and consider the mediation strategies discussed later. (Ending a licensee arrangement can be painless… if you follow the law.)

An ex‑partner who still occupies the home is either a tenant or a guest, and the eviction path depends on that status. First, confirm whether the person appears on the lease, has paid rent, or has lived there long enough to acquire statutory tenancy rights; if any of those apply, treat them as a tenant and follow the formal eviction process required in your state - typically a written notice (3‑day, 30‑day, or other period mandated by local law), filing the notice with the appropriate housing court, and pursuing a judgment before a sheriff can remove the occupant.

If none of the tenancy criteria are met, the individual is a licensee or guest, allowing a simpler 'notice to vacate' that still must meet jurisdictional notice‑period rules and proper delivery (personal hand‑over, certified mail, or another method prescribed by local statutes). Gather documentation such as the lease, payment receipts, or dated communication to substantiate the classification, and consult the county's housing authority website for the exact form and deadline requirements (HUD local resources). After issuing the correct notice, proceed to the serving procedures detailed in the previous section, and if the ex‑partner refuses to leave, the next steps outlined in 'what happens if they ignore the notice?' will apply.