How do I legally get rid of unwanted "guest" in my house?
Question Details: I own a house. I moved out of my house and in with my boyfriend. I let my brother and his family move into MY house- the verbal agreement was they weren't going to pay me rent for a year so they could get back on their feet. All they paid was some utilities- the utilities are in my name and my brother's name. They have recently split with no chance of getting back together. My brother moved out and she is still there with the kids. He didn't have the heart to make her leave. I want her out of MY house. I am willing to give 30 day notice due to kids. What can I do? We live in PA.
I am a lawyer in CT and practice in this area of the law. if you want them out you need to hire a lawyer to file and eviction notice and then follow up with a lawsuit that seeks to obtain an order to force them to move out. I suggest you use a lawyer to make this less personal. the eviction will get these people out of the house for good.
Since they were paying something--the utilities--they would probably be considered renters or tenants; that being the case, you should follow the official eviction process, which includes giving proper notice. Contact your local court, either in person or you can go to their website if they have a good one, and download instructions, sample forms, the time line, etc. One word of warning: eviction is not particularly expensive or difficult, but it is technical--we sure you follow the instructions and timeline EXACTLY.
If theyshe was paying utiliteis she might well be considered tobe a "tenant"; if not, she will be considered to be a "licensee"; that is someone who entered and remained on the premises with permission. Either way, now that such permission has been revoked the lawful way to remove her from the premises is to serve her with a notice to quit.
If she fails to leave at the end of that time you will have to go through the requisite procedures for eviction in your state. Once the court enters an order for the tenant to vacate the property it will be enforced by the sheriff, using physical force if necessary.
What you need to do now is to speak with an attorney in your area. They will advise you on the correct procedures for all of this. If you fail to comply with these procedures you could find yourself on the receiving end of a lawsuit for unlawful eviction.