In some cities you can’t rent without a rental license. Sometimes you need special homeowner’s insurance to have renters. Check with your city. If you don’t have these things but are supposed to, you could get in legal trouble. You may want to talk to a lawyer to figure out if claiming a landlord - tenant relationship is a good idea or not.
In some cases, it might be better if you have a landlord-tenant relationship. Be clear up front about the expectations on each side and put all agreements in writing.
By law a landlord has to give a tenant a full rent-paying-period’s notice to move out. If there is no rent payment, a landlord has to give a tenant 3 months’ notice to move out.
For example: if the person paid you a month’s rent on June 1, you have to give written notice no later than June 30 to have them move out by July 31.
If the person is still there on August 1, you can file an eviction action. If you win the court issues a “Writ of Recovery.”
If the person still refuses to leave, take the Writ to the county sheriff’s office. A sheriff comes and removes the person. Remember, filing a court case makes an eviction action show up on the person’s record. This can make it hard for them to find another place to live.
Keep copies of all notices and agreements with the tenant to help prove your case in court. Before you file an eviction action, put numbers on the bedroom doors, so the sheriff knows which part of the home the unwanted tenant lives in. You may want to call a locksmith to change the locks right away after the police remove the person. If you change the locks or remove their property before the police remove them, they could sue you.
