How to evict a relative?

This is a discussion on How to evict a relative? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; West Virginia My recently widowed mother has a grandson (now 23 years old) that she has raised since he was ...

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Old Mar 4th, 2008, 12:34 AM   #1
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Question How to evict a relative?

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?
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Old Mar 4th, 2008, 09:17 AM   #2
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Default Re: How to evict a relative?

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.
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Old Mar 4th, 2008, 07:06 PM   #3
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Default Re: How to evict a relative?

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Originally Posted by OHlandlord View Post
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?
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Old Mar 5th, 2008, 12:28 PM   #4
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Default Re: How to evict a relative?

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.
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Old Apr 1st, 2008, 11:52 AM   #5
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Default Re: How to evict a relative?

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?
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Old Apr 1st, 2008, 11:17 PM   #6
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Default Re: How to evict a relative?

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.
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Old Jul 15th, 2009, 01:11 PM   #7
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Default Re: How to evict a relative?

Firstly, there is no lease, as you stated the grandson just stays there and pays no rent and no other bills.

Secondly, while I'd check with the laws in your state, unless your grandmother has a Certificate of Occupancy, she is not a landlord.

It sounds as if your grandmother simply allowed him to live with her. This is where the law is sketchy.

The best advice is to contact your local attorney and figure out a way around this.
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Old Jul 15th, 2009, 11:24 PM   #8
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Default Re: How to evict a relative?

I think, after 15 months, that the poster has probably solved this by now.
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Old Jul 16th, 2009, 01:42 PM   #9
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Default Re: How to evict a relative?

For those who are having trouble with old posts being revived, you are always free to simply ignore them if they bother you that badly. Do you really have that much time on your hands that you feel compelled to comment?

Perhaps it hasn't occurred to these irritated posters that someone else in the same position might be trolling these threads looking for the same information and don't wish to pore through the older posts, or perhaps aren't sure where to find them?

Again I ask, are you the owner or moderator of this site? If so, please alert me that reviving old posts is unacceptable. If not, mind your own business. I fail to see how your lamenting about old posts is helping anyone's situation.
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Old Jul 18th, 2009, 09:38 PM   #10
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Default Re: How to evict a relative?

Please refrain from giving other readers faulty information on old threads.

1. You do not have to pay rent to be considered an occupant. You do not need a lease to be covered under LL-Tenant laws at all. Any resident has a right to occupancy at the address and must be treated as a m2m tenant and notified according to those laws. If you wish an occupant to leave, you must follow notification laws if they have stayed long enough to establish residency (which can be as short as 30 days in some states). Since the poster has stated that the person has lived at the unit for 23 years, he certainly would meet any state's residency rules! This applies unless the relative has stayed a very short time and has not established residency (gets no mail there, doesn't have this address on his driver's license, hasn't registered to vote at the address, hasn't stayed long enough by their state's residency rules, or any number of other ways residency can be proved). Only then can you just toss a relative out. Otherwise, they must be given notice to vacate and evicted according to state laws. Anything else, and the owner can be sued for an illegal eviction. The penalties are stiff for an illegal eviction.

2. You do not need a CO to rent a room in your house in all areas. Do not confuse a CO (which is a zoning or building code issue) with tenancy. They are not interchangable and do not rely on each other. One is not necessary for the other.

3. You do not need to collect rent to have to follow the LL-Tenant laws of your state. They apply to many different types of living situations, renting, subletting, roommates, etc. A LL can use these laws, as can a master tenant when dealing with his sublettor. These laws are in effect to protect people. You must follow your state laws.

And since you ask, I am not the owner or moderator of this site. However, it does no good to revive years old posts then give misleading information to readers. Please consult state laws before posting so you can give correct information. May I suggest a good LL-Tenant lawbook from the library?
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