Getting people out of your home.

The following is for general information only.  It is not meant as legal advice or as a substitute for appropriate legal counsel. 

“Get out!” you feel like saying.  “I let them stay out of the kindness of my heart but they are making my life miserable and now it is time for them to leave.  Can I call the cops to help get them out?  The short answer is, “sure.”  If you tell them to go and they leave voluntarily, the police will be happy (more-or-less) to come and stand by for a reasonable length of time while your no-longer-welcome guests pack up their belongings and depart.  Cops call that keeping the peace or conducting a civil standby.  (There are some agencies that won’t do this but they are rare.  Also, if possible, call in advance as some departments do this only by appointment.)  The only law enforcement responsibility in those cases is to prevent anyone from hurting someone else or from stealing or destroying property.  But wait there’s more you need to know.

Okay, so you were trying to help your high school BFF (Best Friend Forever) who just can’t seem to hold a job while she is pursuing her art degree.  But, now she is sculpting on your new carpet and painting dancing unicorns in the hallway to the bathroom.  You’ve explained to her that you feel a place of her own might present a more engaging canvas for her creative flow, but it looks like that “voluntary” word is just not going to be part of her departure.  You are ready to kick her out.  Is it that simple? 

Here is the hard truth.  Whenever you allow someone to live in your house, whether they are just good friends or something more, you are giving up some of your rights to your property.  I’m not talking about temporary guests that bring their suitcases and not their furniture.  I mean the ones that have no other address but yours.  “Wait a second,” you say, “it’s my house.”  Well you’re half right, because now it is their house too.  I know you pay all the bills.  I know the lease or the deed is in your name.  But unfortunately, none of that matters.  When you let someone make your home their home, it really is their home, at least temporarily.  But stay with me, it’s not all bad news.  Here is how it works.

In most jurisdictions, there are civil rules designed to keep innocent people from suddenly being rendered homeless without “due process.”  And, in most cases, “due process” means some type of court hearing.  These are rules to prevent unscrupulous landlords from tossing people out in the cold for a poor reason and without giving them a chance to find another home.  Here’s the problem:

Remember that statue of the justice lady holding the scales and wearing the blindfold.  She is supposed to be blind to anything that might prejudice her in the fair application of the law.  Unfortunately, being visually handicapped, the little lady can’t distinguish your place from the flea bag rental house down the street nor the poor little out-of-work single mother trying to survive on minimum wage from your deadbeat brother-in-law who, instead of looking for work, lays around all day on your couch eating your food.

So, that is why the cop starts shaking his head when you start telling him the horrible drama that has been your life since “they” moved in.  Now most officers would be happy to go in and assist in the speedy and efficient removal of the lazy boy from your La-Z-Boy, thus restoring peace and tranquility to your home.  But, the officer knows that if he tries to deny your employment challenged denizen his rights to due process he (with the help of a lawyer) might find a solution to his itinerant status at the expense of you, the cop, and the police department.  Welcome to the land of litigation.

Now before you get disgusted at any messed-up country that would allow such things and start plotting the armed overthrow of the government (which I am pretty sure is also illegal), I want you to do two things.  First, look at some news reports from most other countries around the world and take a moment to thank the Lord that you live in the United States.  Second, I want you to remember that, if you do things the right way, the courts can work for you.

Before you allow the word “court” to produce root canal worthy panic, let me tell you that the process of eviction is one of the less painful legal procedures.  It’s true that in our courts today common sense seems to have taken a sound beating at the hands of political correctness and liberal activism but, at the local level, it’s still possible to find some measure of sanity if you have acted in good faith and not compromised yourself by losing your temper and doing something ridiculous. 

Do you need a lawyer?  That’s up to you.  It’s always the safest bet in any legal situation, but many landlords have the eviction process down and frequently navigate it without legal counsel.  The secret is following the steps and keeping good records.

I know, you never intended to be a landlord.  You were just trying to help someone out.  Let us all mourn for a moment over that heartbreaking fact – no sarcasm, I and most cops are just as frustrated as you.  But, unless you want to exercise that government overthrow alternative (which I suspect might be a little more risky and troublesome than the court option) here are some things you might try before insurrection.

First fire up the internet.  Search for eviction materials or landlord tenant information  in your area.  It has to be specific to where your property is because there can be vast differences. 

Go to the Court Clerk’s office.  Every area can be different, but this will usually be the County Court or District Court or equivalent rather than a City or Municipal Court.  Some courts are very helpful in the eviction process and have packets of information explaining the steps.  Other courts will treat you like a fool if you are not a lawyer.  Ignore that.  It is them, not you.  Just keep politely asking the questions you need answers to and do not lose your temper.  If temper control is a problem for you then you probably better opt for hiring an attorney.  I have seen some court personnel tell people that they must have an attorney.  While a lawyer is not legally required in most jurisdictions, if the court is uncooperative, it might be a battle that you do not want to tackle without legal representation.

This would be a good place for me to address something that might be going through your mind.  “I’ll just change the locks” (insert, “turn off the power, turn off the heat, put their things at the curb,” or most things designed to force them out of “their” home involuntarily).  In most areas, such things are illegal and even if you’re not charged for a crime it certainly won’t help your case when you finally decide to do things the legal way.

Usually, the first step in the eviction process is to give your unwelcome guest a written notice that they need to leave.  At times, that is all it takes.  Once they see your serious, they hit the road.  Check the internet and the court again for the type of notice that is required for your area.  If writing is not your super power, you can usually find fill-in-the-blank forms (probably the better option).   You can also purchase eviction kits from various sources with all the forms that you will need.  Again, just make sure it works for your jurisdiction.  Often there are waiting periods from the time that written notice is given until you can proceed to the next step, so find out about that and keep excellent records of all your transactions with your detrimental dweller including copies of all correspondence and the date and time of the various offenses your infuriating interloper has committed.

Check for free legal assistance in your area.  This also varies greatly from place to place.  An attorney can be helpful without going through the entire process with you.  Sometimes just a letter from a lawyer can get the offending occupant on the move.  Make sure you are clear on what the attorney will charge because that can sometimes cost more than just pursuing the eviction through court and it gives you no legal rights.

Yes, in most areas there will be a filing fee that you must pay the court to get the process started.  Usually that will be under $200 (I have seen it as low as $25), but check with your court just to be sure.  Once the court decides that your badly-behaved boarder has no further right to your home (and it almost certainly will unless the interloper has some connection to your house other than just living there temporarily) it will issue an order for your lethargic lodger to vacate.  If they do not, then the court might have to eventually order the sheriff to come and physically remove them (yes this is the part where people get dragged away kicking and screaming, if it comes to that).

After I explain this process to people, their first reaction is sometimes to say, “I’ll never help anyone again.”  I certainly don’t want to leave anyone with that feeling.  Giving selflessly to others regardless of the consequences has rewards that reach far beyond this life.  My hope is to give you information that might help you in evaluating who and how to help.  Here are some of the things that I try to keep in mind.

Sometimes helping can hurt if it is enabling someone in their bad habits and bad behavior.  You can help some people more by holding them accountable for their actions rather than bailing them out of problems they create.  But I also remind myself not to confuse mistakes for wickedness.  We all fall sometimes and need help back up.  Another  good question to ask is, “By helping this person will I be hurting someone else?  And then, “Is there a way for me to help them that is safer?”  Of course, the best advice I can give you is to pray and ask God to help you make the right decision.  For an example of such a situation that God led me through, click here to read “The Santa Claus Man.”  Also, watch this website for more information on how to practice charity safely.

Let me know what you think or ask me any other questions relating to this topic by clicking on the comment area below.  If you have an unrelated question, please ask it by clicking on “contact me.”  If this has been helpful to you, please share it with a friend and recommend my website.