House guest won't leave.

[vogelfamily5]

My husband and I let my sister and her boyfriend stay with us for a while. There was no expectation of rent, and no agreement for how long my sister could stay. There was a verbal agreement that her boyfriend would only stay for one month (and now it has been two months). They have been causing some problems and we have told them to leave. Her boyfriend made threats and I am afraid to be home alone. We had the police out here and they said that we can't kick them out unless we file an unlawful detainer, but that is for landlord-tenant issues and this situation doesn't really fit. I would sincerely appreciate any advice you could give.

Thanks,
Amy

 

[Gail_in_Georgia]

The police are implying that your sister and her boyfriend are what would be considered "tenants at will" or "month to month" renters (although they pay no rent). As such, they would require a 30 day notice to vacate the premises.

Now...if the boyfriend is making what might be considered "terroristic threats" to you; that's a different matter. The implied threat of violence is an indication he can be hauled away.

Police tend to hate to get into the middle of such family disputes because, as with so many domestic violence cases, the victim(s) tend to change their minds frequently on whether they actually want these folks out.

Gail

 

[vogelfamily5]

So they can be considered month to month renters even if they pay no rent?

 

[Gail_in_Georgia]

Yep. Parents who have unruly children of legal age that they've let live in their residence often find this out too when they want to kick them out.

You need to understand that the police are not likely to help you; they see this as a civil matter. The Notice to Quit followed (if needed) by a Legal Eviction can help you get rid of these folks.

Gail