How to Get Someone Out of Your House Legally

If a friend or family member has overstayed their welcome as a temporary guest at your house, you may be wondering what you can do to legally force them out. This is an uncomfortable situation, but it’s important that you stand your ground.

In this article, we’re taking a closer look at how to get someone out of your house legally.

How to Get Someone Out of Your House Legally

We have all heard horror stories about terrible roommates and temporary houseguests, but most of us haven’t personally experienced the challenge of asking someone to leave after they’ve overstayed their welcome.

It’s uncomfortable and If your houseguest has overstayed their welcome and disrespected your space, it’s usually best to ask them to move on. The problem is that disrespectful houseguests don’t always respect requests to move on, either – and California law contains specific regulations that may force you to legally evict them instead.

Here’s how to navigate this complex and confusing process.

Here’s how to get someone out of your house legally.

Talk to Them First

Sometimes, an upfront conversation about your feelings and your wishes is enough to convince a friend or family member it’s time to move on. Still, you should prepare before you confront someone for the first time. Your attitude and how you phrase your words can be the difference between a peaceful resolution and staunch refusal to comply and future problems.

• Start by determining why it is you want them to leave in the first place. Do you need space for someone in your family? Are you having trouble affording to support them? Are they disrespecting your space?
• Make a list of any past transgressions. Be as specific as you can – include the date, what happened, and why it was a problem. For example, if someone ate your food you might write “Ate food not belonging to you. This left me in a position of hardship.”
• Do your best to control your emotions, both when you make your list and when you talk to the person. Stick to “just the facts.” Instead of saying, “I was really angry when you didn’t do the dishes,” say “You didn’t help out with chores and this left me with extra work I wasn’t expecting.”
• If you had rules in place before they moved in, try to illustrate how they broke these rules.
• When you do sit down to talk, stay calm, cool, and collected – even if they become extremely upset. Try using non-confrontational phrases like, “We need our space back” to communicate your needs.
• Give specific timelines (e.g., “We need you to leave within 30 days”) as opposed to being abstract (e.g., “We need you to leave as soon as possible.”
• If you feel comfortable with it, try offering the individual assistance with finding a new home. This may mean helping them connect with social services or even helping them apartment shop. By demonstrating that you care, you can help reduce the stress and anxiety they may be feeling. They may be more likely to comply.
• If at any point you feel threatened, call the police and ask them to intervene.

Remember: your goal is to get the person to leave, not to roast them or release your anger on them (even if you have every right to be upset). It’s better to swallow your emotion here, a little bit, than to become enraged and risk them accusing you of threatening them, discriminating against them, or even assaulting them later on.

Determine Whether They Are a Guest or an At-Will Tenant

If you sit down and talk to your houseguest, only to have them absolutely refuse to leave or demand that they have the right to stay, you may need to take legal action in order to get them out. Exactly how you do this depends on whether the law considers them a tenant or just a guest in your home.

In the state of California, anyone who contributes to bills within the household (including utilities, such as electric, and general supplies, such as groceries) is an at-will tenant. This is also the case for anyone who has been present for over 30 days at a time. If your guest is an at-will tenant, you will need to follow the official eviction procedure in California.

If your guest hasn’t contributed to any bills and has only been present for a few days or a couple of weeks, they are considered a guest. You need only indicate your desire for them to leave for it to become actionable. If they refuse, you can call the police to report them for trespassing.

Send a Certified Letter Containing an Official Notice to Quit

In the state of California, landlords must send tenants a certified letter containing an official notice to quit in order to end a lease.

You must follow this procedure, too, if your guest is considered “at-will.” Requirements may differ depending on your individual situation. If you aren’t sure, speak with your county clerk’s office before you send the letter. Note that in many cases, this will mean you are forced to send a certified letter to your own house.

While you can hand-deliver the notice, it is rarely advised. Not only is there a risk for a negative reaction, but certified mail is also trackable, which can be used as evidence in a court of law if necessary later on.

File an Official Eviction Notice

If you send a certified letter, yet an at-will tenant insists on fighting for their right to stay, it’s time to file an official eviction notice.

Be aware that this process does generally involve going to court, but you can self-represent – and you have a good chance of winning if you can prove they were never intended to stay long-term. Visit your local district court and speak with a clerk to identify the exact forms and filing process for your county.

In most cases, you will need to file either a 30-Day Notice to Quit or a 60-Day Notice to Quit. You will need to identify “the facts” when you file; this is called “just cause for eviction.” You can also include a lease or agreement, if you had one, even if it is just an email or written document stating how long the individual was allowed to stay or the “rules of the house” they’ve disrespected along the way.

You will also need to indicate exactly when you want them to be out.

Generally, this will be 30 days after the day you file the eviction with the courts. Once your eviction is filed, you then have to serve your problem houseguest with the notice. This is preferably done in person, but you can hire someone else to handle it if you fear their response.

They will be given a period of time to “answer” the notice or fight the eviction.

Then, the courts will schedule your case to be heard within no more than 20 days from the time of filing.

Succeeding at Court

Once your day in court arrives, it becomes even more critical to have as much well-organized and demonstrated evidence as you possibly can.

You have the responsibility and duty of proving why they should be evicted; if you fail in this duty, the eviction may be voided, leaving you forced to let them stay. If the judge (hopefully) rules in your favor, he or she will create a court order demanding the at-will guest to be out within five days.

It is possible for them to get an extension if they can prove hardship, but this is rare and will generally only be approved if they can compensate you for the extra time they stay.

Frequently Asked Questions

Conclusion

Now that you know how to get someone out of your house legally, you can move forward with confidence and handle the situation. Consider proceeding through the steps as outlined above and remember to be firm.

There’s a good chance your guest may try to persuade you into letting them stay longer, which will just continue the cycle you’re already in.

If you need help finding legal support, let us know and we’ll help connect you with a lawyer for a free 15-minute consultation.