Can I Evict Someone Not on the Title or Mortgage?

Every homeowner may encounter situations where non-titleholders seek to remain in the property. This often arises when individuals have been instrumental in due diligence processes, such as helping with the purchase of a home. However, the legal standing of such individuals and their right to continue residing in the property are subject to specific laws that vary by jurisdiction. Here, we explore the legal rights and considerations surrounding eviction in such scenarios.

Understanding Legal Positions

The law does not mandate that you must evict someone. The decision to evict falls under the landlord's prerogative. If someone is not listed on the title, they generally can remain in the property as long as the landlord permits it. This principle applies whether the person is renting, living as a friend, or in the property as a guest.

Renting vs. Buying

It's important to differentiate between renting and buying. People who rent do not have title to the property. The laws of tenancy vary significantly from state to state and dictate the process for eviction. It's advisable to consult with a legal professional in your jurisdiction to understand these specific rules.

Hostile Environment

When guests or collaborators create a hostile environment, it's essential to address the situation promptly. A legally binding eviction process can be costly and time-consuming, typically running upwards of $5,000. However, if the individual is interfering with your well-being, taking appropriate action is crucial.

Ejecting a Guest

When someone is living with you and not on the title, they are essentially a guest. Guests have no legal right to occupy your house without your explicit consent. Therefore, you have the authority to ask them to leave whenever you wish. If they refuse, you can pursue legal action.

Legal Evidences and Recommendations

Even if someone has aided you with the due diligence, this fact alone does not entitle them to remain in the house. Your legal position is clear: as the owner of the property, you have the right to manage who resides there. The fact that they create a hostile environment is a valid reason to seek eviction.

To formalize your request to remove someone, you can seek a barring order from the court. This is a legal document that prohibits the individual from residing in or near your property. To obtain this order, you should visit the court clerk's office and submit an application. You will then have a private meeting with a judge to present your case. The judge will hear your situation and grant the order if it is in your favor. It's important to note that the person has the right to a hearing, but in most cases, the court will side with the homeowner when it is their property.

Conclusion and Advice

While the law grants you the right to remove someone not on the title, the process can be complex and costly. If you determine that the person is causing a hostile environment, you should consider seeking legal advice. You can simply tell the individual that you have received legal advice and that you are now aware of your rights to evict them. If they refuse to leave, you can seek a court order, which can serve as a final resolution.

Please remember that as a former lawyer with years of experience in this specific field, your legal standing is solid. If they continue to cause distress, do not hesitate to contact the police or request further judicial intervention.

Wishing you the best in resolving this situation and ensuring your peace of mind. If you need further assistance, do not hesitate to seek professional guidance.