I currently have my daughter living with me because she was evicted from her home in November but things are not working

How long has your daughter been living with you?

I asked that you please be patient. I can’t always respond immediately, as I may be helping somebody else when you send your message.

Thank you for your patience.

So, at this point, if your daughter fails to leave on her own, you'd likely end up needing to evict her.

There are two important aspects to the eviction process, just generally (though you'd want to speak with the Court Clerk for the landlord/tenant court for specifics):

1. Giving the tenant a Notice to Quit and

2. Filing in court after there Notice to Quit period ends.

If you go to a website like eforms.com, you should be able to find the forms you need. There are lots of websites like eforms.com, if you don't like that one.

And now to just flesh that out...The most important thing to know about an eviction is that it needs to be done properly - because if it's not, it not only slows the process down but it can actually lead to a world of headaches for the landlord (the person doing the evicting). When someone has been living in or on your property for an extended period of time, they need to be formally evicted. This is the case even if they’re not paying rent; it actually takes longer to get someone who isn’t paying rent out. There's no other way to get someone out (unless, for example, a restraining order gets them out – but then you still need to formally evict them). The first thing that has to be done is the tenant needs to be served with a Notice to Quit (or a notice to vacate or pay - which is what people typically refer to as an "eviction notice") and if the tenant fails to leave the landlord (you) would then file a formal legal petition to evict. At that point the tenant is considered a holdover tenant. The Notice to Quit is NOT a legal eviction... it's just the first step in what needs to be done. 

The formal petition is what would give the tenant an opportunity to respond and state whether they believe you shouldn't be entitled to do that. It generally takes about a month from start to finish (from the time you file in court). You have to evict in the correct manner or the process just drags on and on. One VERY important consideration to take into account: moving the tenant’s belongings, changing the locks, turning off the water, etc. – in an effort to get them out – is deemed "self help" and it's completely illegal. Which means it opens you up to paying damages to the person you're trying to rid yourself of. So even though it’s tempting it’s a truly terrible thing unless you want to deal with that legal headache. Changing the locks, removing the tenant's stuff, etc. remains illegal until and unless there is a formal designation that the tenant is being evicted.

My pleasure!

Can I answer anything else for you? I want to make sure you have all the information you need.

Thanks for your patience. It's a good thing that she's not on the lease to your home. If she was, you guys would both be tenants and one tenant cant evict another.

EVERY tenant gets mail where they live. Where else would they get mail?

Her logic makes no sense... so, yes, she can still be evicted.

You ARE her landlord, for all intents and purposes... therefore, you'd be the one to evict her.

But, no, it's not trespassing.

Happy to help. Just to explain further... she's not a trespasser because you allowed her to stay with you.

She's a tenant - and therefore she needs to be evicted in order to get her out.

If you need further clarification, just let me know!

Well, so just telling her that is not going through the eviction process. You'd need to serve her with a Notice to Vacate in order to start the eviction process... and that's just the first step. It's not technically part of the eviction process - because that's done through the court. But it's a necessary first step.

You're very welcome. If you need anything at all in the future, please don't hesitate to reach out via the site. You can reach me any time by starting a question with FOR OLIVIA.

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