Most people prefer living together as a family. However, sometimes you might be so tired, and all you wish is to issue an eviction letter to your family member because of not cooperating. It might be tricky at times, but it is for your peace of mind. Remember, multiple states usually allow the eviction of a family member who is above 18 years.
Similarly, you must understand that eviction regulations surely vary. Hence you should ensure that you follow the correct process that your location offers. Suppose you do not know where to start with the eviction letter. Worry not; this post will guide you.
What Is an Eviction Letter to a Family Member?
An eviction letter to a family member refers to a formal document developed by the landlord to evict their relatives from their current property when time is due. It does not matter whether they broke the terms and conditions you made during the leasing or you want them to leave without any explanation. You need to offer your tenant an eviction letter.
How to Write An Eviction Letter to a Family Member?
Ensure you write down the name of your tenant as well as your name. Suppose your family member resides with their friends, partner, or even their family. Make sure you include them in this document and indicate if you are evicting all the team.
Confirm your reasoning behind the family member’s eviction. This will help them to know what transpired. In most cases, evictions usually happen because the tenant does not comply with the terms and conditions they have agreed on with the tenant. This includes continuous noise complaints from the neighbors and the inability to pay for your lease regularly. Ensure you come up with a legitimate reason when informing your relatives why they have to vacate.
State a specific date when eviction is likely to take place. However, this depends on your state law, but at least give your family member a month to find another house and settle major issues, such as repairing the house and clearing the debt. Remind your tenants that failure to comply with the agreed eviction date will face legal action.
To maintain a good relationship with your tenant even after evicting your place. Ensure the eviction letter you write is informal and as polite as possible. But stay firm with your eviction intention. Avoid personal sentiments and handle this matter with utmost delicacy and respect, especially when sending or presenting this document.
Add your contacts to allow your tenants to reach you in case of any burning issues. Make sure that your date and sign your eviction letter. After that, make a copy of this document for your records, then proceed and deliver the letter appropriately. You can choose to deliver it through a certified email or before your witness.
Sample Eviction Letter to a Family Member
(City, State, Zip Code)
Dear (Name of the client)
Your failure to comply with our terms and conditions seems like nothing is working according to our agreement. And this has made me issue you an eviction letter. Therefore, a month from now, you should have vacated from my property. If not, you will face legal action from high authorities.
Furthermore, you have not made any effort to pay rent or household expenses in the past few months, as we agreed earlier. I have reminded you severally, but there is no positive response from your end. Similarly, the house is not in good shape as I had given it to you and I have photos.
As you vacate, ensure you take with your entire property. If you leave any behind, I will not be held liable. Kindly find another place with the month I have given you. You do not have any legal right to be on my property and suppose you are not willing to comply. I will take legal action immediately.
(Your landlord’s name)
How to Evict a Family Member?
There are specific procedures you must follow to evict a family member. These procedures include:
- Collect all your home documents concerning the individual you want to evict. These documents may include a blank eviction notice, copies of any payment receipt made by the family member, and a document that shows you own the property.
- Provide your family member with a written notice requesting them to vacate and give them enough time to respond. This should be at least a month. Remember, regulations differ, ensure that you follow the requirements your city or State offers.
- Wait for the due date your family member needs to vacate. If they fail to vacate on the exact day you wrote, you can commence the eviction process.
- Find and fill your eviction notice form. Ensure you include all the details, like the reason behind the eviction, your home address, and the tenant’s name. Avoid personal attacks on the letter, be concise and clear.
- Make a copy of the letter you have made. Ask the tenant you want to evict to date and sign these copies. Give one copy to the tenant and keep another one for your records and future reference.
- If the family member refuses to vacate within the written timeline, take legal action by filing for a court hearing. You must understand that before you proceed t court, there is a certain period you should wait. During the hearing, the judge issues an eviction order. You can ask for assistance from law enforcement to remove the tenant from your property.
Evicting a Family Member with No Lease
Evicting a family member with no lease can be pretty tricky. In addition, varying states and cities feature different eviction timelines and procedures. You must understand that the eviction process of a relative is not any different from those of tenants.
According to Zachary D. Schorr, a real estate attorney at Los Angeles, many places are against the property managers and landlords evicting the border, regardless of the reasoning behind the eviction letter or notice. If the individuals you want to evict are licensees or tenants, you cannot just change the locks or throw them out of the window. You must follow the court system. Below are several things you need to do when evicting a family member without a lease:
- Issue a vacating notice to your family member, and it must feature why and when they are expected to vacate. This eviction notice should be written with utmost care and, if possible, with your attorney’s help to make the entire process smooth. If the lease is expired, you can evict them for breaking your lease agreement and conditions. Suppose the tenant does not owe you any arrears, then you owe them a deposit, but this depends on your state law and lease regulations.
- If the tenant seems not to comply, proceed and fill the eviction petition. When the court hearing rules in your favor, the court will give your family member an eviction order and hand the property to you.
- Suppose your family member violates the court order by refusing to vacate. You can seek for law enforcement to help you remove them
To evict a family member who does not pay rent as agreed, you need to offer them a 15- day residence termination notice. Ensure that the notice states they have not been paying rent and that you have decided to terminate the right that allows them to reside on your property end month.
Below are several steps you need to follow to write an eviction letter to your family member:
• Write down your name and that of your son
• Indicate the reason behind the eviction
• Ensure you state when the eviction will be effective
• Make the eviction letter informal and polite and avoid personal sentiments
• Add contact information to let your son reach you in case of anything
You can evict a family member in Illinois via a 30-day written notice, which terminates their tenancy. If the tenant does not comply with what is written in your notice within 30 days, file an eviction lawsuit, then a judge can give a court order that a family member vacates your property.
Evicting a family member in Virginia is somehow different. The Sheriff comes and puts an eviction notice on your door’s property to commence the eviction process. If your family member has not vacated within 72 hours, the Sheriff conducts the eviction process by itself. Therefore, if you are in Virginia and cannot get your family member to vacate, the Sheriff will help you.
New York Courts state that when the family member resides in a property with the owner’s consent, they are not likely to be evicted with a summary proceeding. Therefore, you must take an ejectment action to the Supreme Court where your properties are situated.
If you want to evict your family member in Texas and they have a written lease, you can evict them via an eviction notice as any landlord would do. Give the family member a 30-day notice. If there is no written lease, you can make them vacate your property as property owners evict squatters.
Suppose you have been thinking of how to evict a family member with this comprehensive information. You do not need to think anymore. An eviction letter has you covered. You only need to prepare this document for a family member you wish to evict your property. This could be because of breaking the lease terms and conditions or any other reason that makes you feel they should vacate. However, you need to ensure that you follow eviction regulations of your State, City, or Location.