How To Legally Evict A Family Member From Your House?

A family member's legal status hinges on whether the relationship creates a tenancy, a license, or merely a guest arrangement. Tenancy usually involves exclusive possession and regular rent payments, but it can arise from oral agreements, implied conduct, or long‑term occupancy even without a signed lease; a license grants permission to stay without exclusive rights; a guest enjoys only temporary, non‑exclusive use.

Consider an adult child who signs a month‑to‑month lease and pays rent each month - most jurisdictions would treat that person as a tenant. If the same child lives rent‑free under a verbal 'stay until you move out' promise, many states view the arrangement as a license. A cousin who sleeps on the couch for a weekend, without payment or any claim to control the premises, fits the guest category. State statutes differ, so confirming local definitions before proceeding is essential.

State law dictates the exact rules you must follow to evict a family member.

1. Classify the occupant - Consult your state's statutes to see whether the family member qualifies as a tenant, a licensee, or a guest. The classification determines which eviction code applies (as we covered above).
2. Locate the notice period - Review the notice‑required timeline for that status; many states allow anywhere from 7 to 60 days, and the length can change based on month‑to‑month versus fixed‑term arrangements.
3. Check protected categories - Identify any exemptions that may block eviction, such as age, disability, or recent domestic‑violence filings. Ignoring these shields can invalidate the whole process.
4. Select the proper service method - Follow the state‑mandated delivery option - personal hand‑off, certified mail with return receipt, or posting on the door - because improper service stalls the case.
5. Prepare jurisdiction‑specific paperwork - Obtain the correct notice form, calculate fees, and note filing deadlines unique to your county; most courts provide a downloadable template in their online portal.

For a quick survey of each state's eviction statutes, see the state eviction law guide.

Evicting a family member who has no lease means following the same formal eviction process used for any non‑tenant occupant. State statutes usually require written notice, filing a lawsuit, and a court order before removal.

• Confirm the family member's status as a guest, licensee, or tenant; as we covered above, this determines the notice type and timeline.
• Draft and deliver the state‑required notice - often a 30‑day notice to quit for guests - using certified mail or personal delivery, referencing sample state eviction notice forms.
• File an unlawful detainer complaint in the appropriate circuit court, attaching proof that no lease exists and that proper notice was served.
• Present evidence at the hearing - copy of the notice, proof of occupancy, and any unpaid charges - to persuade the judge of the family member's lack of tenancy rights.
• Secure a writ of possession if the judge grants relief, then arrange for the sheriff or constable to enforce the move‑out.
• Enforce the order by changing locks and handling personal belongings only after the writ is executed; avoid self‑help methods that could expose you to liability.

Treat the eviction of an adult child the same way you would any other non‑tenant family member, but add a layer of clear communication and documentation. First, confirm whether the family member is a guest, a licensee, or a de‑facto tenant; that classification, covered earlier, dictates the notice period required in most jurisdictions. Then, deliver a written request that outlines the move‑out date, cites the appropriate state law, and offers a brief mediation window - think 'let's talk before the court gets involved.' Keeping a paper trail protects both parties and reduces the chance of a messy dispute later.

Avoid any self‑help tactics such as changing locks or cutting utilities; courts view those actions as illegal retaliation. Instead, follow the formal eviction pathway that begins with properly serving written notice, as detailed in the next section. For a step‑by‑step guide, see how to evict an adult child.

Correctly serving written notice keeps the eviction on a lawful path. Most jurisdictions demand a signed, dated paper copy delivered in an approved way to the family member.

1. Confirm the occupant's legal status from the earlier analysis; a tenant triggers lease‑based rules, a guest follows guest‑or‑licensee guidelines.
2. Draft the notice with a plain statement of intent, the date the family member must vacate, and a citation to the relevant state statute (e.g., 'pursuant to the [State] Residential Tenancy Act').
3. Add your contact information, sign the document, and retain a duplicate for your files.
4. Select a delivery method recognized in your state - personal hand‑delivery, certified mail with a return receipt, or posting on the front door followed by mailing. (Proof of delivery matters more than the method.)
5. Secure evidence of service: a signed receipt, the certified‑mail tracking number, or an affidavit from a neutral adult who handed the notice.
6. File the service proof with the court docket before initiating the eviction lawsuit in the next section (see 'file an eviction lawsuit now').

For templates that satisfy most state requirements, consult state‑specific eviction notice forms.

File the eviction lawsuit the moment the written notice period ends and the family member still refuses to leave. The complaint must describe the occupant as a tenant if a lease existed or as a guest otherwise (as we covered above), and adjust language to match the state's filing form. Next, assemble proof for the hearing, which the following section explains.

• Complete the proper eviction complaint form, often available on the local court's website how to file an eviction lawsuit.
• Attach copies of the notice, lease (if any), and any payment records showing arrears or violations.
• Submit the form to the clerk of the appropriate county or district court and pay the required filing fee.
• Request a case number and a summons; the clerk will stamp the documents and provide a hearing date.
• Arrange service of the summons and complaint on the family member, using a professional process server or certified mail as required by state law.
• File proof of service with the court before the scheduled hearing.

Gather every document that proves the family member's tenancy status, the notice you served, and any breaches. Include the written notice (or notice of termination), a copy of any lease or informal agreement, rent ledgers, bank statements showing missed payments, text or email chains where rules were discussed, photos of property damage, and relevant police or medical reports.

Highlight court‑ready items such as a certified‑mail receipt or a sworn affidavit refusing to vacate, because many jurisdictions require proof of proper service before hearing.

Arrange the material chronologically in a labeled binder; attach a one‑page index that matches each exhibit to the corresponding claim. Prepare a concise oral summary that references the index numbers, and make duplicate copies for the judge and opposing party. Keep the original documents in a sealed envelope to present at the start of the hearing. As we covered when filing the lawsuit, a tidy, well‑referenced packet prevents objections and streamlines the judge's decision, paving the way for the enforcement steps that follow.

After a court grants the eviction, enforce the judgment through the legally authorized channels. The writ of possession authorizes law enforcement to remove the family member, while the decree of payment lets the landlord collect overdue rent or damages.

• Obtain the writ of possession from the clerk's office; most jurisdictions require a filed request and a small fee.
• Schedule the sheriff or constable to execute the writ; they typically post a notice giving the family member a final deadline to vacate.
• If the family member refuses, the officer physically removes them and their belongings, documenting the action for the record.
• File a money‑judgment enforcement motion to garnish wages, levy bank accounts, or place a lien on property when payment is still owed.
• Pursue a contempt proceeding if the family member defies the court order after the deadline; courts may impose fines or additional jail time.
• Keep detailed logs of all communications, notices, and enforcement actions; these documents protect against future disputes and support any appeal or further litigation.

Having secured removal, the next section warns against DIY self‑help tactics that could jeopardize the judgment and reopen the case.

Avoiding illegal self‑help tactics keeps the eviction on solid legal ground. Below are the five common traps that turn a family dispute into a courtroom drama.

• Changing locks or hauling out possessions without a court order breaks the law in most states and can trigger criminal charges.
• Cutting off electricity, water, or internet to coerce a move is treated as harassment in many jurisdictions.
• Threatening physical removal or using intimidation crosses into assault and unlawful detainer territory.
• Posting 'No Trespassing' signs before proper notice gives the impression of ownership that courts reject.
• Relying on a verbal agreement rather than a written notice leaves the family member with no enforceable claim, as we covered above when determining legal status.

The next step after steering clear of these traps is to serve written notice correctly.

Ease emotional fallout by treating the eviction as a family conversation, not a courtroom drama. Clear, compassionate language prevents the issue from spiraling into resentment. Setting mutual expectations early stops assumptions from festering.

Schedule a private sit‑down before any paperwork lands on the kitchen table. Explain the legal standing - whether the family member is a tenant, guest, or otherwise - as we covered above, then outline the next steps. Offer concrete help, such as paying for a moving truck or locating short‑term storage, to show goodwill. Maintain a calm tone, steering clear of blame, to keep the discussion productive.

After the notice is delivered, follow up with a gentle check‑in to gauge how the transition feels. Provide referrals to local counseling services, acknowledging the emotional weight of leaving home. Preserve respectful boundaries, allowing future contact only on mutually agreed terms, which smooths the path to the support‑transition phase discussed later.

Help the family member transition out by pairing clear logistics with compassion.

Offer concrete assistance such as:

• locating affordable rentals or staying with relatives,
• connecting to local housing counseling agencies (for example, HUD's housing counseling network),
• arranging modest moving help or a rental truck,
• providing a short‑term cash advance for deposits or utility start‑up fees,
• sharing a checklist that includes changing address, forwarding mail, and canceling services.

A gentle debrief after the move - checking in on paperwork, confirming the new address, and offering a listening ear - keeps the process humane and reduces lingering resentment, paving the way for the next section on handling abuse claims.

If a family member claims domestic abuse, the eviction process must stop until the landlord confirms whether a domestic‑violence exemption applies in that state. Many jurisdictions require a valid protective order, police report, or sworn affidavit before allowing a landlord to proceed, and the court can order the family member to remain in the home or modify the lease accordingly. The landlord cannot simply demand proof from the alleged victim; instead, the court relies on the legal documents listed above and may issue a stay of eviction based on those filings. Compliance with the exemption protects the landlord from penalties that arise when state statutes are ignored, and it also ensures the family member's safety rights are respected (see domestic‑violence eviction protections).

As we covered in the status‑determination section, confirming whether the occupant is a tenant or guest guides how the exemption is applied, and the next step - filing the eviction lawsuit - should incorporate any court‑ordered protective measures before service of notice.