The Hive Law - Estate Planning - Wills - Trusts

How To Get Someone Out Of Your House Who Won’t Leave

How To Get Someone Out Of Your House Who Wont Leave - Can I Call The Police To Have Someone Removed From My Home

Let’s talk about how to get someone out of your house who won’t leave. 

In this article, you’ll learn about: 

  • how to get someone out of your house without the police
  • what legal recourse you have if someone won’t leave
  • how to gather evidence for police and lawyers
  • how to kick someone out of your house with evidence
  • if you can call the police for this issue
  • how long can they stay at your house before they are legal residents
  • can you kick someone out without notice
  • how to evict a family member
  • what are your rights if your partner is trying to kick you out

Let’s dig in.

Table of Contents

The Hive Law Has Been Featured In

Forbes-150x150
Avvo-2-150x150
Bustle-Logo-150x150
Apartment-Therapy-Logo-150x150
AOL logo
Go Banking Rate Logo
Yahoo Logo

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

How To Get Someone Out Of Your House Who Won't Leave

If someone is in your house and won’t leave, it can be a difficult and potentially dangerous situation. 

Here’s how to get someone out of your house who won’t leave safely:

  • Stay Calm: It’s essential to keep your emotions in check. This will allow you to think more clearly and handle the situation more effectively.
  • Ask Politely: Begin by asking the person to leave in a calm and firm voice. Clearly state your boundaries, such as “I’d like you to leave my home now.”
  • Offer A Reason: Sometimes providing a simple reason can make the person more willing to go, i.e., “I have work early tomorrow” or “I’m expecting another guest.”
  • Avoid Escalating: Do not get into a physical altercation. If the situation is escalating, it’s best to put distance between yourself and the person and seek safety.
  • Have Someone Else Present: If possible, have a friend or family member with you. There’s safety in numbers, and another person might be more persuasive.
  • Call the Authorities: If the person refuses to leave after being asked multiple times, it might be time to call the police. Inform them of the situation and follow their guidance. In many places, if someone is in your home without your consent, it’s considered trespassing.
  • Document Everything: If it seems like the situation could get contentious, start documenting everything. This might mean recording the conversation (ensure this is legal in your jurisdiction) or jotting down a timeline of events.
  • Get Legal Advice: If the person still refuses to leave after police intervention, or if you’re concerned about possible repercussions, consider getting legal advice.
  • Seek Support: Talk to friends, family, or a counselor about the situation. They might offer valuable advice or simply provide emotional support.
  • Re-Evaluate Your Security: If someone has overstayed their welcome or made you feel unsafe in your home, it’s a good time to think about enhancing your home security. This might mean changing the locks, installing security cameras, or setting up a security system.

Read More: How Long Can Someone Stay In Your Home Before They Can Claim Residents?

Legal Recourse For Someone Who Won’t Leave Your House

Yes, you typically have legal recourse against someone who refuses to leave your house after being asked to do so. 

Here’s a general overview of the options available to you:

  • Trespassing: If someone is on your property without permission and refuses to leave after being asked, they may be committing trespass. Trespass laws vary by jurisdiction, but generally, you can call the police and report the individual for trespassing.
  • Obtain a Restraining or Protective Order: If the person poses a threat or if there’s a history of harassment or abuse, you might be able to obtain a restraining or protective order. This legally prohibits the individual from coming near you, your home, or other specified locations.
  • Eviction: If the person has been living in your home (like a roommate or tenant) and refuses to leave, you might need to initiate a formal eviction process. This typically involves providing notice and going through legal channels.
  • Civil Suit: If the trespass or refusal to leave has caused you financial harm or damages, you may have the grounds to file a civil suit against the person. For instance, if they damaged property or caused you to incur costs.
  • Stalking or Harassment Laws: In cases where the person’s refusal to leave is part of a broader pattern of harassment or stalking, there might be specific laws you can invoke to protect yourself.
  • Change Locks and Enhance Security: While this isn’t a legal action per se, changing your locks and enhancing home security can be an immediate step to prevent unwanted entry in the future.

The exact legal remedies available to you may depend on:

  • your jurisdiction
  • the nature of your relationship with the person
  • the specific circumstances 

It’s a good idea to consult with a local attorney who can guide you on the best course of action based on your specific situation.

How To Gather Evidence Of Someone Not Leaving Your House

Documenting an individual’s refusal to leave your house is crucial for legal proceedings. 

Proper documentation can serve as evidence and support your claims. 

Here are the steps you can take:

  • Written Requests: Start by making a written request asking the person to leave. You can either hand this to them directly or send it in a way that provides proof of receipt, like registered mail. Keep a copy for your records.
  • Photographs and Videos: If it’s safe and legal to do so, take photographs or record videos that show the person’s presence in your home against your wishes. Ensure the media captures the date and time, either by showing a timestamp or another verifiable time reference (like a dated newspaper).
  • Witness Statements: If there are others who have witnessed the individual refusing to leave your property, ask them to write and sign statements detailing what they saw and heard. These statements can be valuable corroborative evidence.
  • Maintain a Log: Create a detailed log of every interaction related to the situation. Document dates, times, locations, what was said, actions taken, and any other relevant details.
  • Call Logs and Text Messages: If there are any phone calls or text messages between you and the person in question-related to their refusal to leave, ensure you save them. Screenshots of text messages and call logs can be particularly helpful.
  • Audio Recordings: If you’re considering recording a conversation, first check the consent laws in your jurisdiction. Some places require all parties to consent to recording, while others only require one party’s consent. If it’s legal and safe, audio recordings can be potent evidence of someone’s refusal to leave or any threats they might make.
  • Keep a Safe Copy: Ensure that all your evidence is stored in a safe place, like a locked drawer or a password-protected digital folder. Consider making backup copies and storing them in a separate location or cloud storage.
  • Police Reports: If you’ve called the police regarding the situation, obtain a copy of the police report. It can serve as an official record of the incident.
  • Consult an Attorney: An attorney can provide guidance on the type of evidence that will be most compelling in your specific situation and jurisdiction. They might also help in ensuring that all your evidence-collection methods are legal and admissible in court.

How To Kick Someone Out Of Your House After Gathering Evidence

Once you’ve gathered evidence, you can use it to take legal actions to have someone removed from your house. 

Here’s how to kick someone out of your house after collecting evidence:

  • Contact the Police: If someone refuses to leave your home, your immediate recourse is to call the police. When they arrive, provide them with the evidence you’ve gathered to demonstrate that the individual is unlawfully remaining on your property.
  • Seek Legal Counsel: If the situation persists or is more complex (e.g., involving a tenant or someone with some claim to the property), contact an attorney. Provide your attorney with all the evidence, so they can guide you on the best legal actions to take.
  • File for a Restraining or Protective Order: If you feel threatened or if the person’s actions go beyond simply refusing to leave, you can use the evidence to request a restraining or protective order from a court. This order legally prohibits the individual from coming near you or your property.
  • Initiate Eviction Proceedings: If the person has some kind of tenant status (even if they don’t have a formal lease), you might need to go through a formal eviction process. Your evidence will be crucial in demonstrating your reasons for eviction, especially if there’s no lease breach but rather unwanted behavior or overstaying.
  • Civil Suit: If the individual’s refusal to leave has caused you damages (e.g., property damage, financial loss), you can consider filing a civil suit. Your evidence will support your claims in court.
  • Inform the Individual of Your Evidence: Sometimes, merely informing the individual that you have documented evidence of their refusal to leave and are prepared to take legal action can be enough to persuade them to vacate.
  • Secure Your Property: After the person has left, consider taking measures to prevent any future unauthorized entries. Change locks, install security cameras, and make sure all entry points are secure.
  • Stay Prepared: Keep all your evidence organized and accessible. If there are any future disputes or legal actions, having everything in order will make it easier to defend your rights and claims.

Can I Call The Police To Have Someone Removed From My Home?

Yes, you can call the police to have someone removed from your home.

Especially if they’re trespassing or causing a disturbance. 

However, the specifics can depend on several factors:

  • Relationship with the Person: The ability to remove someone might differ depending on your relationship with the individual. For example, if it’s a roommate, partner, or someone with legal rights to the residence, the situation can be more complicated than if it’s a stranger or a guest who overstayed their welcome.
  • Leases and Agreements: If the person has a lease or an agreement that allows them to live in the residence, it may not be as simple as asking the police to remove them. Instead, eviction procedures might need to be followed.
  • Establishing Trespassing: If the person doesn’t live at the residence, has no legal claim to be there, and refuses to leave after being asked, they might be committing trespassing, and the police can remove them on those grounds.
  • Safety Concerns: If you feel threatened or believe the person poses a danger to you or others in the home, it’s essential to communicate this to the police. They will prioritize calls where there’s an immediate threat to someone’s safety.
  • Provide Clear Communication: Before calling the police, it’s typically recommended to clearly communicate to the individual that they are not welcome and need to leave (unless doing so would pose a safety risk). This way, when the police arrive, you can assert that you’ve asked the person to depart, but they’ve refused.
  • False Reports: Ensure that you’re providing accurate and truthful information to the police. Making a false report can have legal consequences.
  • Local Laws: Always consider local laws and ordinances, as they might have specific stipulations about property rights, trespassing, and related issues.

Read More: What Is A Police Welfare Check

FAQs About How To Get Someone Out Of Your House Who Won’t Leave

Here are other questions clients ask us about getting someone out of their house. 

How Long Can Someone Stay In Your Home Before They Can Claim Residents?

When someone stays in your home for an extended period, there’s a point at which they might be considered a resident. 

Once someone becomes a resident, removing them can become more complex because they gain certain legal rights to the space.

  • Duration Varies by Location: The time it takes for someone to establish residency varies. In some places, it can be as short as a couple of weeks, while in others, it might be several months.
  • Signs of Residency: It’s not just about time spent; other signs can establish residency. If someone receives mail at your address, pays bills from there, uses it as their primary address on official documents, or moves their belongings in, they may be staking a claim to residency.
  • Rent and Agreements Matter: If someone is paying rent or there’s a verbal or written agreement about their stay, they could establish residency faster. Always be clear about the terms of someone’s stay in your home.
  • Prevention is Key: If you don’t want someone to gain residency, set clear boundaries from the start. It can be useful to have a written agreement, even with friends or family, about how long they can stay.

Read More: What Happens When You Press Charges?

Can I Kick Someone Out Of My House Without Notice?

When you allow someone into your home, there might come a time when you want them to leave. 

Whether you can kick someone out without notice depends on their relationship to the property and any agreements in place.

  • Guests: If someone is a guest and has no tenant rights (they don’t pay rent and there’s no agreement for them to stay), you can generally ask them to leave at any time. If they refuse, they may be trespassing.
  • Tenants with Lease: If someone is a tenant with a written lease or rental agreement, you typically can’t kick them out without following the formal eviction process. This process requires giving notice and valid reasons for eviction.
  • Tenants without Lease (Month-to-Month): If someone pays rent but doesn’t have a formal lease, they might be considered a month-to-month tenant. In this case, you usually need to give a specific period of notice before they must leave. The notice period can vary based on local laws.
  • Family Members or Partners: If a family member or partner has established residency (they receive mail, have belongings, and consider it their home), you might need to follow a formal eviction process, even if they don’t pay rent.
  • Immediate Threat: If someone in your home poses an immediate threat to your safety or the safety of others, call the police. In urgent situations, law enforcement can remove the person without a formal eviction.

Read More: How To Press Charges On Someone

How To Evict A Family Member Who Doesn't Pay Rent

Evicting a family member who isn’t paying rent can be both emotionally and legally challenging. 

Essentially, you’re asking a relative to leave your property due to their failure to meet certain agreements, even if those agreements were informal. 

Here’s a clear guide to help you navigate this process:

  • Open a Dialogue: Talk to the family member. Explain your perspective and understand theirs. It’s possible a simple conversation might resolve the issue.
  • Provide Written Notice: Give them a written notice asking them to leave by a certain date. Even if they’re family, putting it in writing makes it clear you’re serious.
  • Set a Reasonable Time Frame: In the written notice, give them a reasonable amount of time to find a new place. This can be 30 days, but you might adjust based on your situation.
  • Document Everything: Keep records of any missed payments or other issues. Also, keep a copy of the written notice you provided.
  • Go to Court: If the family member doesn’t leave by the specified date, you’ll need to file for a formal eviction in court. This process can vary by location.
  • Attend the Hearing: A judge will review your case. Be prepared to show your evidence, like the written notice and any records of missed payments.
  • Enforce the Eviction: If the court rules in your favor, and the family member still doesn’t leave, law enforcement may help you remove them.
  • Reclaim and Secure Your Space: Once they’ve left, you might want to change locks or take other steps to ensure your property is secure

What Are Your Rights If Your Partner Wants You To Move Out?

When you share a home with a partner, and they want you to move out, it’s crucial to know your rights. 

These rights can vary based on legal ownership, rental agreements, and your relationship status. 

Let’s look at the different scenarios you can face. 

These are your rights related to home ownership:

  • Both Names on the Deed: If both your names are on the property deed, your partner cannot force you to leave. Both partners have equal rights to the home.
  • One Name on the Deed: If only your partner’s name is on the deed, they have the primary claim to the property. However, you might still have rights, especially if you’ve contributed financially or been promised a stake.

These are your rights related to renting:

  • Both Names on the Lease: If both names are on the lease, you both have equal rights to stay. Your partner cannot make you leave without breaking the lease agreement.
  • One Name on the Lease: If only your partner’s name is on the lease, they have a stronger claim to the rental. However, if you’ve been living there for some time, you might have established rights as a tenant, even without your name on the lease.

Here are other scenarios: 

  • Married Couples: Marriage often provides additional rights, even if your name isn’t on the deed or lease. Typically, a marital home is considered joint property, regardless of whose name is on the paperwork.
  • Children: If you have children, decisions about the home might prioritize their well-being. Courts often consider children’s stability when making decisions.
  • Protection from Eviction: Generally, you can’t be thrown out overnight. If your partner wants you to leave, they might need to give notice or follow formal eviction procedures.
  • Safety First: If your relationship involves threats or violence, prioritize safety. You may qualify for legal protections or emergency housing.

Read More: What Are My Rights If My Name Is On A Deed?

Get Help From An Attorney

If you need help getting someone out of your house, fill out the form below. 

At The Hive Law, we help you:

  • get someone out of your house
  • keep your family safe
  • follow the laws
  • protect your rights

You and your family deserve to be safe. 

We can provide you with that. 

Talk soon. 

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Share This Post With Someone Who Needs To See It
The Hive Law - Estate Planning - Wills - Trusts

Need to keep your money and property safe? We help make sure your hard-earned assets are protected. Our team knows how to create plans that guard against lawsuits and creditors. We work to keep your wealth safe for you and your family’s future. 

© 2024 The Hive Law

Pinterest
Other Resources

Estate Planning Lawyers

Trust Lawyers

Probate Attorneys

Will Lawyers

Asset Protection Attorneys

Blog

Our Company

Pinterest
Disclaimer

This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice. Check out our privacy policy.

Pinterest