Sometimes, people find themselves in a predicament where they are homeless and their friends step in to help them out by welcoming them into their homes. However, sometimes no efforts are made by the guest to improve their financial situation so they'd be able to afford an apartment. At some point, they become a guest who is not welcome and may refuse to leave.
If you initially welcomed a guest into your home to help him or her get back on their feet yet they have may no attempts to improve their financial situation, here's what you need to know.
Can the court identify your guest as a tenant?
The court system uses identifying factors to determine whether someone is a guest or resident of the home. If the person is deemed to be a resident, you won't be able to call the police to have them remove the person from your home. You will have to file an eviction with the court system. Here are several of the factors courts use to determine who is a resident of a house.
- receives mail using the physical address of the home
- uses the home phone number as their own
- moves their belongings into the house
- gives money to the owner to pay household bills and purchase food
- has access to the house to come and go as they please, such as with a house key
- has lived in the house for a period specified by state laws, such as 30 days
If your guest can prove these types of issues, hire a civil litigation lawyer because your guest has become a tenant. The lawyer can help you serve the tenant with an eviction notice.
What happens if he or she does not leave by the date to vacate on the eviction notice?
Depending on the laws of your state, your tenant has anywhere from 3-30 days to vacate the premises. When this date passes and your tenant is still residing in your home, you'll need to file a petition with the court system to evict the tenant. After this petition is filed, you will need to request for a hearing by a judge in civil court. At the hearing, the judge will hear your complaint and the reasons for the eviction. If the judge agrees with you, he or she will file a writ of execution, which gives the local sheriff the authority to physically remove the tenant and their possessions from your home.
Through all of this, it is crucial for you to do everything appropriately and legally so you don't run the risk of being denied the eviction. Because of this, it is crucial for you to hire a civil litigation lawyer to help you in the process of eviction.
