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Can I put them out? Visitor, Guest

Discussion in 'Roomate & Joint Leases' started by Sheila B, Feb 18, 2019.

  1. Sheila B

    Sheila B Law Topic Starter New Member

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    My son & wife live with us. They’re having problems and we (him, myself & my husband) want her out. Can we legally ask her to leave. Can I change my locks and alarm code. Help! This is getting DEPRESSINGLY aweful. There isn’t a signed lease or anything for them. We are the homeowners.
     
  2. army judge

    army judge Super Moderator

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    Yes, you can ask her to leave.

    She, on the other hand, can simply say, "No, I ain't leaving because living with you is FREE for me."

    If she leaves, all the better for you.

    If she refuses, you'll have to file an eviction action against her through the applicable local court.

    Chalk this up to one of life's lessons and never allow anyone but you, your spouse, and minor children to live under your roof.

    Yes, you can change your locks and alarm code, but NOT until she voluntarily leaves (which we BOTH know will never happen), or until the court FORMALLY evicts her.

    There might not be a written lease, but your state legislators have remedied that for you by creating what some call a "month to month" tenancy.

    Don't try any shortcuts, or you'll only LOSE more money!
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Sure. But if she refuses you'd better treat her as a tenant, give her written termination notice per the landlord tenant statute, and evict through the courts if she doesn't leave by the deadline.

    Title 59 RCW: LANDLORD AND TENANT

    There certainly is an "anything." It's called an oral contract, tenancy at will.

    Nope. That's illegal. She has tenants' rights.
     
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  4. mightymoose

    mightymoose Moderator

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    You might try to help her along.... Help her find a place to stay and offer her some cash to get her going. Once she is out, keep her out. If she cooperates it will be faster than trying to evict her and having drama in your home.
    You might put this burden on your son as well... It is his problem to deal with too.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    "Legally ask"? What does that mean? You're free to ask, and she can say no. Sounds like she's your tenant, so you'll have to evict her if she refuses to leave voluntarily.

    You've provided no information to suggest you lack this ability, but I doubt this is really what you intended to ask. I assume what you really intended to ask is whether it would be legal to conduct a de facto eviction of your daughter-in-law by locking her out. The answer to that question is no.

    I suggest you confer with a local landlord-tenant attorney to ensure that this gets done properly and as quickly as possible.
     
  6. Richard Marvel

    Richard Marvel New Member

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    The wife may be considered a tenant. If so, ou have to undertake efforts to evict her from your home. You are not allowed to change the locks, or dispossess her if she resides in the home. There is not an easy solution to your problem. I encourage you to reach out to a local real estate attorney for assistance.
     
  7. mightymoose

    mightymoose Moderator

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    To be clear, it is not a criminal offense to force someone out and change the locks. You absolutely can do it.
    However doing so will make you subject to potential civil penalties if the other party should pursue damages in civil court.
    People do accomplish this all the time without consequence because damages are not sought in court.
     

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