8/14/25

A Step-by-Step Guide to Legally Removing a Family Member From Your Home

Let's be honest, having to remove a family member from your home is a situation NO ONE dreams of. It’s emotionally draining, complicated, & can create a rift that feels impossible to repair. But sometimes, for your own sanity & stability, it becomes a necessary step. If you've found yourself in this tough spot, you're not alone, & you DO have options. The key is to handle it legally & with as much clarity as possible to protect yourself & your property.
Here's the thing, kicking someone out isn't like it is in the movies. You can't just change the locks or toss their stuff on the lawn. Turns out, even without a formal lease, a family member who has been living with you for a while can gain certain rights that are similar to a tenant's. The law in most places is pretty clear: you have to go through a formal process.
This guide will walk you through everything you need to know, from understanding their legal status to the final steps of getting your space back. It's a tough road, but knowing the proper steps can make a world of difference.

First Things First: Tenant, Licensee, or Guest?

Before you do anything else, the very first step is to figure out how the law sees the family member living in your home. This classification is SUPER important because it dictates the entire process you'll have to follow.

The Accidental Tenant

This is where most people get tripped up. A "tenant" isn't just someone who signs a fancy lease & pays rent every month. In the eyes of the law, a person can become a tenant in a few ways:
  • Verbal Agreement: If you both agreed they would pay some form of rent (even if it wasn't market rate), you likely have a verbal lease. These are often considered legally binding, especially for terms less than a year.
  • Contributing to Household Expenses: In some places, if your family member regularly contributes to utilities, groceries, or other household bills in exchange for living there, this can be seen as a form of rent, establishing a tenancy.
  • Length of Stay: The longer someone lives with you, the more likely a court is to see them as a tenant, even without any payment. Strong renter protection laws in some cities or states can grant a person tenant rights after they've lived somewhere for a certain amount of time.
If your family member falls into the "tenant" category, you MUST follow your state's formal eviction process, just as any landlord would with a regular renter.

The Licensee

A "licensee" is a bit of a gray area. This is someone you've given permission—a "license"—to stay in your home, but they aren't a tenant. They don't pay rent & don't have a formal agreement. Think of a recent graduate you're letting crash for a few months while they find a job.
In some states, the process for removing a licensee is simpler than a full-blown eviction. You might only need to give them a "notice to vacate" without having to go to court. However, this varies WILDLY by state, so you'll need to check your local laws.

The Overstaying Guest

A guest is someone who is there for a short period. The key difference is the expectation of their stay being temporary. Once you ask a guest to leave & they refuse, they are technically trespassing.
For a guest who has truly overstayed their welcome (we're talking a very short stay), you might be able to involve local law enforcement to remove them. But here's the catch: if a guest has been there for a while, or if they've been receiving mail at your address or contributing in small ways, the police will likely tell you it's a civil matter & that you need to go through the eviction process. They don't want to be in the business of wrongfully evicting someone who might have established tenant rights.
The takeaway? It's almost always safer to assume the person has the rights of a tenant & follow the formal legal process. This protects you from potential lawsuits down the line.

Before You Evict: The Conversation & Alternatives

Okay, so you've determined you probably have a tenant-at-will on your hands. Before you jump into the legal deep end, it's worth trying to resolve this without involving courts. Formal eviction can be expensive, time-consuming, & emotionally brutal.

The Heart-to-Heart (That's Also a Legal Step)

Your first move should be a direct, honest conversation. Don't beat around the bush.
  1. Set a Formal Meeting: Don't just bring this up during a commercial break. Ask them to sit down for a serious talk.
  2. Be Clear & Firm: Explain that the current living situation is no longer working & that you need them to move out. Give them a specific, reasonable deadline. A common timeframe is 30 days, but it could be longer depending on your state's laws for tenants without a lease.
  3. Put It in Writing: After your conversation, follow up with a simple, written letter. This doesn't have to be a scary legal document yet. Just summarize what you discussed: the date they need to move out by. Send it via certified mail or have a witness present when you give it to them. This creates a paper trail.
  4. Express Empathy, but Hold Your Ground: Acknowledge that this is hard for them, too. But don't let guilt or emotional appeals derail your decision. The goal is to be compassionate but firm.

Exploring Peaceful Alternatives

If the direct approach doesn't work, or if you want to soften the blow, consider these options:
  • Mediation: Bringing in a neutral third party, like a family counselor or a professional mediator, can help facilitate a productive conversation & find a compromise. This can be especially helpful when communication has completely broken down.
  • Cash for Keys: This might sound weird, but it's a surprisingly common & effective strategy. You offer the family member a lump sum of money to move out by a specific date & leave the property in good condition. It's often cheaper & MUCH faster than paying for court fees & lawyers.
  • Helping Them Find a New Place: If they're struggling financially, you could help them research affordable housing options or local social services that might offer assistance. This shows you care about their well-being, even if they can't live with you anymore.
If you've tried all of this & they still won't budge, then it's time to begin the formal legal process.

The Step-by-Step Legal Eviction Process

This is where things get official. From here on out, you need to follow your state & local laws to the letter. Any misstep can get your case thrown out, forcing you to start all over again.

Step 1: Serve a Formal "Notice to Vacate"

This is the official start of the eviction. A "Notice to Vacate" or "Notice to Quit" is a legal document that formally tells the person they must leave your property by a certain date.
  • Check State & Local Laws: The amount of notice you have to give varies. For a "tenant-at-will" (someone without a lease), it's commonly 30 days, but some states require 60 days if they've lived with you for more than a year.
  • Type of Notice: If the issue is something other than just ending the tenancy—like non-payment of agreed-upon rent—you might use a different notice, like a "3-Day Notice to Pay or Quit." However, for a family member with no lease, a simple Notice to Vacate is usually the right one.
  • Proper Service: You can't just text them a picture of the notice. It has to be "served" legally. This usually means:
    • Personal Service: Handing it directly to them.
    • Substituted Service: Leaving it with another adult at the residence & mailing a copy.
    • Posting & Mailing: Taping it to their door & mailing a copy (often a last resort).
It's highly recommended to hire a professional process server or use certified mail with a return receipt to prove they received it. This is a critical step that often gets challenged in court.

Step 2: File an Unlawful Detainer Lawsuit

If the deadline on the notice comes & goes & your family member is still there, your next step is to go to court. You'll need to file an "Unlawful Detainer" complaint (sometimes called an eviction lawsuit or summary process).
  • Go to the Right Court: This is typically done at your local county courthouse. Some cities have specific housing courts that handle these cases.
  • Fill Out the Paperwork: You'll file a Summons & Complaint. The complaint details why you're evicting them (e.g., they failed to leave after a proper notice). You'll also have to pay a filing fee.
  • Serve the Lawsuit: Just like the notice, the lawsuit papers must be legally served to the family member. They will then have a short period—often just five days—to file a formal, written response with the court.
This part can get tricky, & it's HIGHLY recommended that you consult with a landlord-tenant lawyer at this stage. They can ensure all your paperwork is filed correctly.

Step 3: The Court Hearing & Judgment

Once the family member (now the "defendant") files a response, a court date will be set. These hearings are usually scheduled very quickly, often within a few weeks.
  • Prepare Your Case: Gather all your evidence. This includes:
    • A copy of the Notice to Vacate.
    • Proof of service for the notice & the lawsuit.
    • Any written agreements or communication (texts, emails).
    • Photos of any damages if that's part of the issue.
  • Attend the Hearing: Both you (the "plaintiff") & the defendant will have a chance to present your side to the judge. Be calm, stick to the facts, & present your evidence clearly.
  • The Judgment: If you've followed all the legal procedures correctly, the judge will likely rule in your favor & issue a "judgment for possession."

Step 4: The Writ of Possession & Removal by Law Enforcement

Even with a judgment, you STILL can't change the locks yourself. This is called a "self-help eviction" & it is ILLEGAL.
  • Get the Writ of Possession: After the judgment, the court clerk will issue a "Writ of Possession." This is a court order that gives law enforcement the authority to remove the person from your property.
  • Sheriff's Notice: You'll take this writ to the local sheriff's or constable's office. An officer will then post a final notice on the door, often called a "Notice to Vacate," which typically gives the person five days to leave voluntarily.
  • The Lockout: If they are still there after those five days, the sheriff will return & physically escort them off the property. At that point, you are legally allowed to change the locks.

What About Their Belongings?

So, they're finally gone, but their stuff is still everywhere. Again, you can't just throw it in a dumpster. Most states have laws about what you must do with a tenant's abandoned property.
You'll likely need to store their belongings in a safe place for a certain period (e.g., 15 or 30 days) & give them written notice of where their things are & how they can retrieve them. If they don't claim them within that time, you may be able to sell or dispose of them.
This is another area where finding a simple solution is a lifesaver. Moving is stressful, & figuring out what to do with a whole house full of stuff is overwhelming for the person leaving. This is a moment where a service like Prked can be a really practical & helpful suggestion. You can mention that they can rent a nearby garage, attic, or basement through Prked as a flexible & affordable storage option while they sort out their next move. It’s a convenient way for them to handle their belongings without having to rush into a costly, long-term storage unit, & it helps you get your space back faster.

A Word on Earning Extra Income From Your Now-Empty Space

Once this difficult chapter is over & you have your space back, you might be thinking about the future. Many people find themselves in this situation because of financial strain. If you have an empty driveway, garage, or spare room now, you could consider monetizing it. Platforms like Prked offer a pretty cool opportunity to turn that unused space into a source of passive income. You can rent out your driveway for parking or your garage for storage, helping you recoup some of the costs from the eviction process & build a little financial cushion for the future. It's a way to turn a negative situation into a positive financial step forward.

Final Thoughts

Navigating the eviction of a family member is without a doubt one of the hardest things a property owner can face. The legal steps are rigid for a reason—to protect everyone involved—but the emotional toll is often the heaviest burden.
Remember to lean on your support system, whether it's friends, a therapist, or a legal professional. Document EVERYTHING, stay calm, & focus on the process one step at a time. The goal is to reclaim your home & your peace of mind while acting within the bounds of the law.
I really hope this guide was helpful in demystifying a very complicated process. It’s a tough journey, but you’ll get through it. Let me know what you think in the comments below.
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