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Need to remove someone out of my home, they have lived there for over a year. Can I have the police
House & Home / 12:34 AM - Monday January 31, 2011

Need to remove someone out of my home, they have lived there for over a year. Can I have the police

how do you remove someone from your home you know longer want there. this is s brother thing

- Asked by A Creative, Female, 66 or older

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Have a locksmith change the locks when he is not there. If he attempts to shove or break his way in, call the police. Leave his belongings at a friends house. If he has a drug problem, or other illegal issues, you may not want to divulge these to the police if he is still residding there, because they can pull you into that drama.

- Response by mycyclehusband, A Life of the Party, Female, Who Cares?

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Yes. If he's got NO legal right to be there, the police will remove him.

- Response by newyorkjoe, A Career Man, Male, 36-45, Lawyer

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Hi,

If this person you are trying to get rid of, is your own kid,
that could be hard...lol Just teasing

Yes. You can I believe in most States legally remove someone
from your house. Please contact the courts in your area, and
get the legal advise, on how you should go about it. This will
not cost you anything but a little time to research it. Even
if this person is paying rent and it is your place, you have the
right to evict them. Good luck to you!

Thanks for asking,
Don

- Response by don07, A Mr. Married Guy, Male, 56-65, Las Vegas, Self-Employed

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A person living in your home is like a renter. The landlord - tenant laws apply.

Most cities have a special court for landlord/tenant cases. You have to go to landlord tenant court and get an eviction notice. The process takes time and has steps you have to follow.

1. Give a written notice to vacate in 30 days. Do not give a reason. Just notify him/her that you want him/her out in 30 days from receipt of this notice. If they are paying rent do not accept rent for any more time. If they are paying rent the 30 days should end at the end of a rent period, such as the end of the next month.

2. On day 31 go to Municipal court and ask the clerk for a form to fill out for an eviction case. Fill out and file the eviction notice.

3. When you get a court date, you need to give a copy of the notice of court to the tenant. You can do it yourself or have the Sheriff serve the notice for a fee.

4. GO to court at the time specified. There is no legal argument against an owner who wants someone to go for no reason provided legal 30 day notice has been given.

5. The court will give you an legal eviction order for the person. Often it allows the person 3 days to move out. Give the court order to the person (Or have the sheriff serve it).

6. If the person is still there after the 3 days go to the Sheriff and ask to have the person evicted. Bring your court order. There may be a nominal fee. The Sheriff will arrange a time to meet you at the premises, and they will enforce the court ordered eviction.

7. Have some new locks you can change while the Sheriffs are there.

8. The person may want to come get his stuff. He can arrange to have a Sheriff or police accompany him to get his stuff.

9. In most places you are required to keep his stuff for 30 days. After that you can sell it or give it to charity.

Good luck.

- Response by greenwind, An Intellectual Guy, Male, 56-65, Construction

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greenwind is right. if they've been living there for even a month, and get mail there and don't even pay u anything, they're still considered a tenant. if they don't leave after u give them notice, u have to get them evicted. u can't just kick them out legally or change the locks. the police can't have him removed as this has been his residence. i would write him a note giving him as many days as u want to get out, if he doesn't, then u have to do the eviction process. it sucks! they're in OUR home and they have more rights than us!

- Response by nicky711, A Thinker, Female, 36-45

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Nicky and Greenwind is correct. I am in Florida and I had to do that to my 35 year old daughter and her boy friend.

I went a step further and called the abuse hot line first. The Sheriff and 2 socialworkers came within a half an hour. I am a female over 62 years old (senior citizen) and I could not take my daughter trying to boss me around and take over my home, while her boyfriend threatened me when she was at work. They told their socialworker that it wasn't safe for me to live alone. They were with me six months.

The Sheriff had them out in a half an hour, but I still had to get an eviction notice. The Sheriff told me that I couldn't change the door locks for 15 days and that they have the right to come and go as much as they want during the 15 days.

My socialworker told me as soon as they leave to change every lock that they have a key to. That was in the morning, 10:30pm the boyfriend came back to my home with 3 men and couldn't get in. I told him that I was going to call the police, and he can come in with the police. That's my story.

Down here there is a 15 day no reason notice that most people do not know about. It is best to have the Sheriff deliver the notice, then there is a record of the delivery.
As much as I love my daughter, I had to love myself more to be able to do that. I am now at peace in my home and happy. No more stress.

Ask the court clerk many questions to find out which way is the best for you.
Good luck,

- Response by esol58, Female, 66 or older, Miami, Retired

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