Q: How to get someone out of a house you own that never has paid rent or had a lease?
My brother died and his daughter was staying with him before he died. The house I own they lived in at the time of his death and now she will not leave. How to kick her out? State is KY. Do I have to evict or can I just change the locks and remove her stuff. She is a on drugs so I’m afraid of damage to my property.
A:
I understand this is a difficult and stressful situation. I'm sorry for the loss of your brother. Here are a few thoughts on how to handle this legally and safely:
In Kentucky, even without a formal lease, the niece would likely be considered a tenant-at-will since she was living there with permission before your brother passed away. This means you can't just lock her out or remove her belongings, as that would be considered an illegal "self-help" eviction.
The proper course of action is to follow the legal eviction process:
1. Give her written notice to vacate the premises. In KY, 30 days notice is required for a tenant-at-will.
2. If she does not leave after the notice period expires, you'll need to file an eviction action in court.
3. If you win the eviction case, the court will issue a writ of possession to have her removed.
4. Only a sheriff or constable can physically remove a tenant and their belongings - a landlord should not try to do this themselves.
I know an eviction may seem like a hassle, but it's important to follow proper legal procedures. Illegal evictions, even with good intentions, can backfire and get you in legal trouble.
Some other suggestions:
- See if she would be willing leave voluntarily in exchange for some form of "cash for keys"
- If she's behaving illegally (drugs, property damage), consider calling the police
- Try to avoid confrontations and keep things civil - never resort to threats, harassment or "self-help" tactics
- Consider consulting a local landlord-tenant attorney for guidance specific to your situation
I hope this helps provide an overview of your options. Focus on proceeding carefully and legally to protect yourself and your property. Wishing you the best in resolving this challenging situation.
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