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Avoid the PaperworkJust Ask. The first step, of course, is simply asking. Use an Eviction Notice. If asking doesn't work, you actually must serve your unwanted roommate or family member with an Eviction Notice. The Landlord/Tenant Eviction Process.
Step 1: Understanding the Eviction Laws. Step 2: Have a Valid Reason for Eviction. Step 3: Try to Reason with Your Tenants. Step 4: Give a Formal Notice of Eviction. Step 5: File Your Eviction with the Courts. Step 6: Prepare for and Attend the Court Hearing. Step 7: Evicting the Tenant. Step 8: Collecting Past-Due Rent.
Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice
Occupancy Rules If you've had a friend stay over for a few nights, there's no need to evict the person -- he's not legally a tenant. In California and most other states, however, if someone has lived in your apartment for 30 days or more, he's considered a tenant even if he never signed a lease.
Step 1 (Optional) Send a Warning Letter. Step 2 (1st Legal Step to an Eviction) Send a Legal Notice. Step 3 Filing a Complaint. Step 4 The Hearing. Step 5 The Physical Eviction/Writ of Restitution.
Keep in mind that regardless of the roommate's status on the lease or rental agreement it is never legal to physically remove or lock out a tenant (or a roommate who might have legal rights similar to a tenant's) from a rental.
Call the police if they still refuse to leave. Some police offices will refuse to get involved in a matter like this. However, if you've sent the letter and/or filed for eviction with a court, they will come remove your guest as a trespasser.
Put the Roommate on Notice Give a deadline by which the roommate (and the roommate's personal property) must be out of the rental. Even though the roommate isn't an official tenant, you should give at least the same amount of notice required to end a month-to-month tenancy. In most states, the notice period is 30 days.
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