How do you evict somebody from a house that you own?

Question

My Grandmother owns a home that she was allowing another family member to live in. She no longer wants them living there. They weren't supposed to let pets in or smoke in the home and they do both. They also used their Power of Attorney to cash in some of my Grandma's bonds without her knowledge, so naturally she would rather not provide them with rent-free housing any longer. (The Power of Attorney has since been revoked.)

Answer 1

Rules vary by state.

Florida, where I am, is pretty tough and would require 30 days whether or not there's a lease of any kind.  

Highlights on Missouri laws (where your grandmother is):

"A landlord may not evict a tenant without a court order. The landlord may begin eviction proceedings if a tenant:

    * Damages property.

    * Fails to pay rent.

    * Violates terms of the lease.

    * Injures the lessor or another tenant.

    * Allows drug-related criminal activity on the premises.

    * Fails to vacate at the end of the lease term.

    * Gambles illegally on the property.

The tenant will receive a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court before any eviction."  

Answer 2

You go down to your local court house and file. Just tell the clerk what you want to do and he/she will give you the right forms. You fill out the forms, pay a fee, and you'll get a court date.

Before you do that, however, make sure you satisfy the legal notification requirements. In most states you have to post a notice on the front door or send it by certified mail to the tenant. Most cities have stationary shops where you can get forms for this. My city has a small business right next to the court house that sells all kinds of legal and real estate forms. Basically the notice says they've got 30 days to vacate. In some cases, such as failure to pay rent, you can give them a 3 day notice. If they don't move by the end of the notification period then you file for eviction at the court house.

Answer 3

give them a notarized letter stating they have thirty days to leave  

Answer 4

Its best to check in your area on what the laws are but some places require you give them 30 days notice although most places don't require it when you live in the home that you are evicting people from.

Check your cities bylaw office. They should be able to tell you who to talk to.

If they are asked to leave and given proper notice  and they don't then leave its best to call the police or sheriff's department and have them remove them.

Answer 5

court order

Answer 6

She has to follow the eviction procedure in her state. She should have a lawyer handle it, since it is a family member. She could get the person out quicker by charging the person with larceny, of course. Is it one person or more?

Answer 7

Unless they have a lease to be finished out, or are paying rent on a month to month bases a certified letter must be sent to them requesting that they are to leave the dwelling within 30 days. This only applies on a month to month tenancy, a lease has to be finished to the end of the date stipulated, if it would be 6 months or a one year lease. If they refused to leave within the time  frame then the matter has to be taken to the courts for eviction.