Let’s be honest: there are few things more emotionally complicated than evicting a family member. Whether it’s a cousin who overstayed their welcome, an adult child who won’t move out, or a sibling who’s no longer contributing to the household, the situation can get stressful fast. Many landlords struggle with the guilt and discomfort of having to take legal action against someone they love. Still, when boundaries are crossed and your property rights are compromised, it’s time to act.
If you’re wondering how to kick someone out of your house—especially a relative with no lease—you’re not alone. Many landlords find themselves in this difficult position. The good news? There’s a legal path forward, and you don’t have to feel stuck. This guide walks you through evicting a family member step by step, from understanding their legal status to filing an eviction petition. Whether you’re dealing with unpaid rent, household disruption, or simple refusal to leave, we’ll help you navigate the eviction process for family members with clarity and confidence.
TL;DR
Yes, you can legally evict a family member—even if they don’t have a lease—but you must follow your state’s eviction laws. This means determining whether your relative is legally classified as a tenant, licensee, or guest. From there, you’ll likely need to serve a formal notice to vacate, file an unlawful detainer case, and possibly involve law enforcement. Don’t accept rent, don’t change the locks, and don’t go it alone—consult a local attorney if needed. In some cases, offering a peaceful resolution outside of court may be faster and cheaper than a formal eviction.
Table of Contents
- Can You Legally Evict a Family Member?
- Tenant, Licensee, or Guest? Understanding Legal Status
- The Legal Eviction Process for Family Members
- Evicting Without a Lease: What Landlords Need to Know
- Notice to Vacate: Sample Clauses and Legal Requirements
- Avoiding Common Mistakes When Evicting Family
- Working Out a Peaceful Exit: Alternatives to Eviction
- How State Laws Affect Evicting Relatives
- FAQs: Evicting Family Without a Lease
- When to Hire a Landlord-Tenant Attorney
Can You Legally Evict a Family Member?
Yes, you can legally evict a family member—even if they don’t have a written lease. But it’s not as simple as asking them to leave. If your relative has lived in your home for a certain period, state law may give them the same protections as a formal tenant. That means you’ll have to go through a formal legal eviction process.
This can be difficult emotionally. Evicting someone you’re related to often comes with guilt, fear of family backlash, and anxiety over confrontation. Still, property rights matter. You’re not just a family member—you’re the property owner, and when someone refuses to respect that, you have the right to take action. Staying firm and respectful throughout the process is key.
Tenant, Licensee, or Guest? Understanding Legal Status
Before you file anything in court, you need to know how the law sees the person living in your home. The classification will determine your next steps.
A tenant usually has a lease or pays rent, even informally. A licensee might live there with your permission but doesn’t pay rent or have a lease. A guest is someone temporarily staying with you without contributing financially. However, in many jurisdictions, if someone has lived in your home for 30 days or more—even without paying rent—they may be considered a tenant.
Understanding whether your family member is a tenant or licensee affects whether you need to give formal notice or can simply ask them to leave. In most cases, a court will expect you to serve notice and file an unlawful detainer lawsuit if the person doesn’t move out voluntarily.
The Legal Eviction Process for Family Members
Once you’ve determined that the family member is not a guest, you need to begin the legal eviction process. This typically starts with serving a notice to vacate, which tells the person they must leave the property by a specific date.
If they don’t comply, the next step is to file an unlawful detainer case with your local court. The court will schedule a hearing, where both parties can present evidence. If the judge sides with you, they’ll issue a writ of possession, allowing law enforcement to physically remove the person if necessary.
It’s important to follow every step of the eviction process for family members precisely. Skipping a step or using the wrong notice can delay the case or even get it thrown out.
Evicting Without a Lease: What Landlords Need to Know
When there’s no lease, you may assume you can just tell someone to leave—but that’s not how it works. Even without a lease, someone can become a tenant at will just by living in your home over time.
The process to evict someone with no lease usually involves giving a 30-day or 60-day notice to vacate, depending on how long they’ve lived there. State laws differ, and some areas require specific language in the notice. If your relative refuses to leave by the deadline, you’ll need to proceed with formal eviction through the courts.
No lease doesn’t mean no rules. You’re still required to follow legal procedures to protect both your rights and your property.
Notice to Vacate: Sample Clauses and Legal Requirements
The notice to vacate is one of the most important documents in the eviction process. It must clearly state when the tenant must leave and the reason for the eviction (if applicable). It should also provide instructions for how they can fix the issue, if that’s an option.
For family members who never signed a lease, you’ll likely issue a 30-day notice if they’ve lived with you for less than a year or a 60-day notice if they’ve lived with you longer. Make sure your notice complies with local laws and is delivered properly—ideally with proof of service.
A poorly written notice can stall your eviction and give the other party more time in your home.
Avoiding Common Mistakes When Evicting Family
One of the biggest mistakes landlords make is accepting rent after serving a notice. Accepting even one payment can restart the clock and give your tenant renewed rights. It’s also important to avoid threatening behavior or changing the locks—both of which can get you into legal trouble.
Another error is handling everything informally. Even if it’s your adult child or sibling, document everything. Use written communication, record notice dates, and keep track of all interactions. Courts favor facts, not family drama.
Finally, trying to force someone out without a court order can result in criminal or civil penalties against you. Always proceed legally.
Working Out a Peaceful Exit: Alternatives to Eviction
While legal eviction is sometimes necessary, it’s worth considering other options first. A respectful conversation may go further than a legal notice. Offering financial help to relocate—even a small amount—can speed up the process and save you from legal fees.
You might also try involving a neutral third party, like a mediator or therapist. These resources can help reduce tension and clarify expectations. In some cases, a family meeting or counseling session can resolve months of tension and bring about a peaceful move-out plan.
Remember, not every situation requires court. Sometimes, a strategic compromise is the best path forward.
How State Laws Affect Evicting Relatives
Eviction laws vary widely by state. In some areas, you can remove a non-paying guest with just a few days’ notice. In others, the process may take months, and you’ll be expected to follow the same procedures as with a formal tenant.
Knowing your state’s rules can save you time, money, and frustration. Research your local landlord-tenant laws or speak with a qualified eviction attorney to understand your obligations and timelines.
To help, consider linking to a state-by-state eviction guide that breaks down local requirements. It’s a valuable resource for landlords dealing with unique jurisdictional rules.
FAQs: Evicting Family Without a Lease
Can I legally evict a relative from my home?
Yes. If they’ve stayed long enough to be considered a tenant or licensee, you’ll need to follow the eviction process.
Do I need a lease to evict someone?
No, but you must follow your state’s legal process for evicting someone with no lease.
How long do I have to give a family member to move out?
Typically 30 to 60 days, depending on how long they’ve lived with you and local laws.
Can I lock out my relative or remove their belongings?
No. This is considered an illegal eviction and could result in penalties.
Do I need a lawyer?
While not required, a landlord-tenant attorney can help ensure your case is handled correctly—especially if emotions are high or legal issues are complex.
When to Hire a Landlord-Tenant Attorney
If you’re overwhelmed, unsure of your state’s requirements, or facing resistance from your relative, it’s time to bring in a professional. An experienced attorney can guide you through the unlawful detainer process for family and make sure every document is filed properly.
They can also represent you in court, help mediate family disputes, and ensure you don’t make costly mistakes. In high-stakes or emotional situations, having legal support can offer peace of mind—and often a faster resolution.
