Evict a family member

5 Replies

How does one evict a family member who has been living in the back house for more than 15 years and has not been paying any rent but only pays partial utilities when they are in the mood.  We tried offering cash for keys, but that did not work.

Trying to purchase the property from a relative. but every one is concerned about the dead beat who will not budge and not move at all.  This property is located in Southern California so I am not sure what would be the ideal approach to make things go smoothly with the law here.  Any guidance will be helpful.

That's a tough one.  The laws on evicting tenants that are related to you are way different than the laws on evicting non relatives.  

Ok seriously. 

Unless you are bringing up a potential squatters right claim or some other way for this tenant to claim an ownership right of the property, an eviction is an eviction.

This is Bigger Pockets, not Dr. Phil.  If you are prepared to evict, consult an attorney and close the deal.  If you want to preserve the relationship, don't buy the property unless you are prepared to stick with status quo....with a smile on your face the whole time.

@Chris Simmons I have to agree with you on every point you have indicated.  This one will be ugly straight til the end. Since this is a relative who everyone in the family gave up on,  seems like hiring an attorney will be the only option for this situation.

Do you have a family therapist? Perhaps a family intervention is in order. Begin the steps prior to purchase if possible. Obviously the current relative/owner of the property has let this slide way too long. Everyone in the family needs to be on the same page and agree to proceed with a legal eviction. Clear communication will be key. Obtain the services of a qualified attorney. 

Let the tenant know that continuing to live there is NO LONGER AN OPTION. Offer to him three other options to help him wrap his head around that he will be transitioning out of the place, then let him choose one. One option of course is eviction with the aid of an attorney and the courts... emphasize this is a bad choice for him (which it is) and no action means that the family will pursue that option. The other two options: Cash for Keys (which you tried once... try again) and Services for the Homeless/Social Service Agency Guidance (provide a list of resources in your area in which he may engage.) If he needs special housing assistance because of a mental health disorder, help him locate appropriate services. Perhaps a family member could look for a place for him to move to and show him how he could use the Cash for Keys option to his benefit.

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