Simplifier

The first thing to do is simply ask them to leave and give them a clear date to be out. However, if they’ve been staying with you for a while, the law might start treating them like a "renter" rather than just a guest, even if they never paid you money. Think of it like a library book: once someone has had it long enough, there are specific rules you have to follow to get it back; you can't just grab it out of their hands. If they refuse to go, you usually have to give them a formal "goodbye" letter. This is a written notice that tells them they have a certain number of days to move out. You can't just change the locks or toss their suitcases on the sidewalk yourself—doing that can actually get you in legal trouble. You have to follow the "house rules" set by your local government to make sure everything is done fairly. If the deadline on your letter passes and they are still there, your next stop is the local court. You’ll explain the situation to a judge, and if the judge agrees, they will sign a paper saying the person must leave. At that point, you don't remove them yourself; a professional, like a sheriff or a police officer, will come over to make sure the person leaves the property safely and legally.

Paralegal

The first step is to determine the individual’s legal status to ensure we use the correct forms. If there is no lease and no rent is being paid, the person is likely a "licensee" rather than a tenant. I would begin by drafting a formal Notice to Quit or a Notice to Vacate, depending on your local statutes. This document must be served according to strict procedural rules—usually via personal service or certified mail—to establish a clear paper trail that the guest’s permission to remain on the property has been revoked. If the guest refuses to leave after the notice period expires, we move to the litigation phase. I would prepare a Summons and Complaint for an Unlawful Detainer or an Ejectment action. My focus here is on document retrieval: gathering the proof of service from the initial notice and filing the necessary pleadings with the clerk of the court. It is critical that these forms are filled out precisely; any clerical error in the property description or the parties' names can result in the court dismissing the case. Once a judgment is secured, the final task is to obtain a Writ of Possession from the court. I would coordinate with the clerk’s office to ensure the writ is issued and then deliver it to the local Sheriff’s civil process division. You cannot legally change the locks or remove their belongings yourself, as "self-help" evictions create significant liability. The Sheriff is the only party authorized to physically execute the removal based on the documents we’ve filed.

Experienced Landlord

From an investment standpoint, an unauthorized occupant is a significant liability. Once a guest stays past a certain period—often 14 to 30 days depending on your jurisdiction—they may legally be considered a tenant, even without a written lease or rent payments. Your first step is to determine if they have established "tenancy at will," which dictates the specific legal path you must follow to protect your asset. You must treat this as a business matter, not a personal one. Serve the individual with a formal "Notice to Quit" or a "Demand for Possession." This document must clearly state that their permission to occupy the premises has been revoked and provide a specific deadline to vacate, typically ranging from 3 to 30 days. Document the delivery of this notice thoroughly, as it serves as the essential foundation for any court intervention. If they refuse to leave by the deadline, do not attempt a "self-help" eviction by changing locks or removing their belongings; this exposes you to costly lawsuits and potential fines. Instead, file an unlawful detainer or holdover proceeding in your local housing court. Once you obtain a judgment for possession, a sheriff or marshal will handle the physical removal, ensuring the property is returned to your control legally and safely.