How to evict someone living in your home with you?
Asked by: Jack Ebert | Last update: February 19, 2026Score: 5/5 (26 votes)
To evict someone living with you, first try a calm conversation and offer a deadline; if they refuse, issue a formal written Notice to Vacate (days vary by state), and if they still won't leave, file an Unlawful Detainer lawsuit with the court to get a legal order for law enforcement to remove them, as you cannot do it yourself. The exact steps and timelines depend heavily on local laws and the person's legal status (guest, subtenant, or leaseholder).
How do you get rid of someone who won't leave your house?
To get someone out of your house who won't leave, you must follow a legal process, starting with giving a formal written "Notice to Vacate" (or Notice to Quit) for a set time (e.g., 3-30 days, depending on location) and then filing for Unlawful Detainer (eviction) if they don't leave, as you can't just call the police to remove them unless there's an immediate threat. The process involves serving official papers, potentially going to court, and obtaining a writ of possession for law enforcement to enforce the removal.
How do you evict someone who lives with you?
To evict someone living with you, you must follow your state's legal eviction process, which generally involves serving a formal written Notice to Vacate, filing an unlawful detainer lawsuit if they don't leave, and getting a court order for law enforcement to remove them, as self-help evictions (like changing locks) are illegal; consulting an attorney is highly recommended to ensure compliance with local laws.
What are the rules for eviction in Maine?
7-Day Notice to Quit (14 M.R.S.
Unless the lease states otherwise, if a tenant is at least 7 days late paying rent, a 7-day Notice to quit gives them 7 days to pay, warning that if they don't pay what they owe, you will take them to court to evict.
What's the quickest way to get someone out of your house?
The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
How to Evict Your Boyfriend or Girlfriend Out of Your Home?
Can I call the cops to get someone out of my house?
Yes, you can call the police to have someone removed from your home, especially if they are a guest who refuses to leave after you've withdrawn permission, making them a trespasser, but it's complicated if they have any claim as a tenant, and police are often reluctant to get involved in civil matters like evictions, directing you to the courts instead. Call police immediately for violence or threats, but for general refusal to leave, you must differentiate between a guest (police can help) and a tenant (requires formal eviction process) to avoid legal trouble yourself.
How to get someone to move out if they refuse?
You can give your lodger notice to move out verbally unless your agreement says it has to be in writing. You don't need a court order to evict your lodger but you can get one if you choose to. For example, if they refuse to leave after the notice period has ended, you might choose to get a court order.
How to evict a tenant who has no tenancy agreement?
To evict a tenant without a rental agreement, you must treat it as a month-to-month or "at-will" tenancy, serve a formal written notice to vacate (typically 30-60 days, check local laws), and if they don't leave, file an unlawful detainer lawsuit in court, following all state and local procedures precisely. Never use self-help evictions like changing locks or shutting off utilities, as this is illegal; always use the court system and, if necessary, law enforcement to enforce a judge's order.
What is the new rental law in Maine?
A new state law that kicks in January 1 aims to make sure tenants know the full cost of renting an apartment or home before they sign a lease. The law comes in response to complaints that some landlords were surreptitiously adding hundreds of dollars in fees to the monthly rent.
What is a valid reason for eviction?
Common reasons for eviction include nonpayment of rent, violating lease terms (like having unauthorized pets or damaging property), engaging in illegal activities, creating a nuisance, or the landlord needing the property for personal use, renovation, or demolition, with specific "just cause" laws varying by location. While some reasons are "at-fault" (tenant's actions), others are "no-fault" (landlord's plans for the property).
How long can someone live with you without being on the lease?
Someone can usually stay as a guest without being on the lease for a short, defined period (often 7-14 days), but exceeding that time, even a few days, can make them an unauthorized occupant, violating your lease and risking eviction, as landlords typically require all residents to be screened and listed, with state laws defining when a "guest" becomes a "tenant" (e.g., 14 days in California/Florida).
How to write an eviction notice for a roommate?
Step-by-step guide to writing an eviction notice without a lease
- Start with a clear and concise header. ...
- State the reason for eviction. ...
- Specify the time frame for vacating. ...
- Include a section on unpaid rent or damages. ...
- Provide information on the consequences of non-compliance. ...
- Sign and date the notice.
Can you let family live in your house rent free?
In general, if you allow someone to use your property for free or for less than its fair market value, a gift may have occurred. Certain familial use of property may not be considered a gift and, generally, allowing someone to use a spare bedroom in your personal residence likely would not be treated as a gift.
What can I do when someone refuses to leave my house?
You can call the police, but it can be hard to prove to the police that the person no longer has your permission to live there. Because the guest was probably staying at your home with your permission at first, it is a good idea to write out a notice saying, “I am taking back my permission for you to be in my home.
What's the quickest you can evict someone?
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it's important that you take action, like pay the rent you owe, move out, or get legal help.
How long does someone have to stay in your house to be considered living there?
There's no single universal time, as it depends on state laws, but generally, a guest becomes a tenant after 14 to 30 days, especially if they regularly sleep there, receive mail, or contribute to expenses; key factors include time (e.g., 14 days in 6 months in CA, 30 days in NY/PA/OH), actions (mail, ID, paying bills), and local regulations, with some states like Georgia defining it by contribution rather than time alone.
How long before a guest becomes a tenant in Maine?
In the Maine Room Rental Agreement, the Guest and Pets Policy should include: Guest Policy: A guest becomes a tenant when they stay for more than 14 days within a six (6) months period.
How quickly can a tenant be evicted?
A landlord can evict a tenant quickly, often within weeks, but the exact speed depends on the reason for eviction, state laws, and tenant response, starting with a written notice (e.g., 3-day for nonpayment, longer for lease violations) that gives the tenant time to comply, followed by a court filing if they don't, which can take several weeks for a hearing and judgment, leading to an order for the sheriff to remove the tenant.
What not to say to a landlord?
When talking to a landlord, avoid lying, badmouthing previous landlords, mentioning illegal activities, promising unrealistic payments (like cash or future crypto), or making excessive demands, as it signals you might be a problematic or unreliable tenant; instead, be honest about your ability to pay and respect lease terms to build trust and a positive relationship.
Can I kick family out of my house?
"You have to go through the court system." Generally, this is what you as the landlord need to do to evict someone, including evicting a family member with no lease: Serve your tenant with a notice to vacate that states when and why they must vacate.
How do you get someone to move out of your house?
If you're having a problem with a tenant or want them to move out for a legal reason, you must tell them in writing before you take any legal action. This is called giving notice. A notice is a written warning that you'll start a court case if the tenant doesn't move out or fix the problem.
What is the most common reason for eviction?
The most common reasons for eviction are non-payment of rent, violating lease terms (like property damage, unauthorized pets, or illegal activities), and lease expiration, where a landlord chooses not to renew. Other significant reasons include creating a nuisance, engaging in criminal activity, or the landlord needing the property for personal use, demolition, or sale.
Can you kick someone out who lives with you?
Typically, if you own the property, or are the primary tenant, you will have this right. If both you and your roommate, or neither of you, are on a lease, then you may not be allowed to evict them.
Can you call the police on someone who won't leave your house?
Yes, you can call the police if someone refuses to leave your house, especially if you feel unsafe, but their involvement depends on whether the person is a guest or a tenant; police may treat it as trespassing for guests but often see it as a civil matter (eviction) if the person has established residency (like getting mail), requiring a court order to remove them, so call 911 for immediate threats or danger.
Can you evict a tenant if there is no tenancy agreement?
Yes, you can evict someone without a written rental agreement, but the process requires strictly following state and local laws, typically treating the arrangement as a month-to-month tenancy, requiring proper written notice (often 30-60 days) to terminate the verbal agreement before filing a formal unlawful detainer lawsuit for a court-ordered eviction. Simply kicking someone out or changing locks without a court order is illegal.