Q: Does an adult who doesn't pay rent or utilities in my home have any rights to stay when asked to leave?
This person (close family member) has lived in my house for two years and I have given them six months' notice to leave. We are at the halfway mark and they just told me that they haven't found a job yet (highly intelligent person with a Master's degree) and plan to invest a large sum of their savings into a business idea to "see what happens." They signed a document months ago stating they would move out of my house "on or before October 3rd, 2019" which I felt forced to sign too in order to avoid an argument because they were really pushy about it. Now I'm wondering if me signing that was a way of acknowledging them as a tenant somehow. They also said they still plan to move out, but didn't realize I needed their belongings to be out of my house within six months too. If I serve them with an eviction notice 30 days from Oct. 3, will that be honored or do I have a legal battle ahead of me? Can I officially evict them if they aren't a true tenant? Please help. I'm tired of being used.
A: If they’re not paying rent, then the document you signed giving them until October is not supported by consideration and is not legally enforceable. A binding contract requires that both parties receive something of value in consideration of entering into it. Your family member gets value (a free place to live), but you get nothing (worse, actually, since you lose use of part of your home to them). Your family member is at best a “tenant at will” and you may file for judgment of possession at any time on 30 days notice to vacate. Therefore, revoke and repudiate your permission that they stay through October, and tell them to be out within 30 days. On the 31st day, file for possession in District Court (do not sue for distress for rent since they’re not paying rent and you do not want to give them the right to redeem the tenancy by paying back rent). That process will take time, and once you have the judgment you will need to schedule the eviction date with the Sheriff. That takes more time. Start the process as soon as possible.
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