When guests have over warmed their welcome

When family members, caregivers, or other guests have been given a place to stay - a "soft place to land" - the owner can rescind permission to stay implanted and when it is time to go, it is time to go.

With Thanksgiving soon upon us, we'll use the analogy that if you invite someone over to eat some leftover turkey and watch a football game, they have the license to stay for a bit. But when the festivities are over, the guest cannot claim they have a right to occupy the premises and certainly not be afforded "just cause" eviction protections under state or local ordinances. They are merely licensees - no landlord-tenant relationship has been established.

A critical question our office needs to ascertain is whether or not the occupant is a tenant. If not a tenant, we can give written notice to the guest that it is time to transition out of the property If they refuse to leave after being told to do so, the owner has perfected their right to file a forcible detainer action, and typically, within 90 days the occupant can be removed.

A forcible detainer is similar to an unlawful detainer process - the outcome is the same - but the distinction is that in a forcible detainer action, there is no landlord-tenant relationship. If an owner gives a helping hand to a friend or family member and later wants them to leave, the licensee must leave.

If "tough love" doesn't work, our office can get involved in the delicate conversation of telling the guest there needs to be a chapter change in their housing.


Related from our blog:

The difficult prospect of evicting a relative ›

Handling tenancies and unwanted occupants after the property owner passes ›

Video: Daniel talks about forcible detainers, changing locks and other topics