QUESTION
How can we legally evict someone from our home?
Asked on Dec 27th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
My boyfriend and I live together in his father's home. He moved out about a year and a half ago and we pay for everything but he is still technically the owner. My boyfriend's mother has been living with us since August 26th and now we want her to leave. She doesn't pay for anything and no agreement was ever made. She does have clothes and receives mail here. How do we legally get her to leave? Can my boyfriend and his father provide a written 30 days notice to her and that be sufficient? We just want her to leave and don't want to deal with the courts. But I don't want to give her 30 days and then find out we went about it wrong. How do we get this woman out?
4 ANSWERS
She is a guest and not a renter so you do not have to give thirty days notice [there is no lease that you are terminating]. Tell her she has to leave and is trespassing if she stays. The problem will be that she will not leave and the police will not likely do anything to help remove her [will say it is a civil matter]. When she is out, change the locks so she can not get back in. Also, you need to make some written agreement with the father as he still is the owner and your paying the mortgage does not give you any legal rights. Your not being married to your boyfriend also puts you in a position of his eventually dumping you and you will probably have no right to the property or to get back any of the payments you have made [it will be considered rent].
Answered on Jan 03rd, 2014 at 10:40 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Unless your boyfriend's father and mother are divorced it is questionable whether you can treat her as a tenant. Consult an attorney.
Answered on Dec 30th, 2013 at 11:16 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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You should give her a 30 day notice, and if she does not move following the expiration of that notice period, file an eviction action.
Answered on Dec 30th, 2013 at 11:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Father must give mother a written 30-day notice to quit, then file an eviction action if she does not leave.
Answered on Dec 30th, 2013 at 11:15 PM