How to evict a relative?

[wiseguy]

West Virginia

My recently widowed mother has a grandson (now 23 years old) that she has raised since he was a small child. The grandson and his girlfriend occupy a room in my mothers house. He does not pay rent nor any utility bills. He has become a drain on my mother's limited finances and has also been getting into trouble and causing her grief in general. She has asked him to move out, and even set a time frame, but he just ignores her.

What steps must she take to force the grandson to move out?

[OHlandlord]

Your mother will have to give them a written notice to vadcte the premises within 30 days. After the 30 days, if they are not out, she would have to pursue eviction with the court to get them out of her house. You may want to contact an eviction attorney and take her to see him. Find one that only does evictions (nothing else) and who does them for a flat fee. Call around, you should be able to find one. A letter from him might make an impression. Expect the grandson & GF to put pressure on grandma to let them stay. Help her remain strong to get him out.

Originally Posted by OHlandlord

Your mother will have to give them a written notice to vadcte the premises within 30 days. After the 30 days, if they are not out, she would have to pursue eviction with the court to get them out of her house. You may want to contact an eviction attorney and take her to see him. Find one that only does evictions (nothing else) and who does them for a flat fee. Call around, you should be able to find one. A letter from him might make an impression. Expect the grandson & GF to put pressure on grandma to let them stay. Help her remain strong to get him out.

Thank you for the info. Is there a certain way that the "notice to vacate" should be worded or some place that I can obtain a template? Can this notice be hand delivered by my mother?

[OHlandlord]

I know of no template for it. It can be a simple DATED letter which states that she is "terminating their month to month tenancy effective xx/xx date." It should further state that they have "a minimum of 30 days to be out of the premises and they should return all keys and have all possessions removed from the premises by xx/xx/08 date." She need not give any reason to terminate. If she wants to quote the state code on terminating month to month tenancies, it is WV Code 37-6-5. (It would be a good idea to read this statute.) I would title the letter 30 Day Notice to Vacate.

You would need to consult local law to see the required method of service there. Some states allow personal delivery, but others do not. You may want to call the local clerk of court and ask what the legal methods of delivery are in that state. Tell the clerk what notice is being delivered. Your mother should keep a copy of this notice (in a safe place where it won't disappear) since she may need to attach a copy of it to any eviction form that she files with the court. Many states require that a copy of this be attached to the eviction suit.

[wiseguy]

A 30 day notice was given, the 30 days are almost up, and he obviously has no plans on leaving. I talked to a Magistrate who said "unless he has broken the lease, is behind on rent, or has willfully or negligently destroyed property, there is no way to evict him". This can't be true... can it? What steps do I need to take now?

[OHlandlord]

It is not true. The magistrate either misunderstood or is mistaken. The grandson has no lease and is paying no rent. (I belive the magistrate thought you meant she was going to evict him while he had a valid lease.) No one has to continue to allow an adult to live with them just because they have done so in the past. Once the 30 days are up, she will need to go to the courthouse and ask the clerk for the next form. She should explain that she has an occupant who was given written 30 day notice to vacate but is holding over. She may have to serve another short notice to him (usually 3-5 days) as an unconditional quit, but I'm not sure if it is required in your state. She may be able to bypass this step and have her file for eviction immediately. Make sure she lists the grandson on the eviction form & either his girlfriend's name or "and all others" which will cover anyone else living in the house with her. If she is not able to do this, have her contact an eviction attorney who does these for a flat fee. It would be well worth it.