Evicting a Family Member

In many jurisdictions the typical expedited eviction process is not available to evict a family member. In some jurisdictions, rather than evicting a family member through the unlawful detainer process – which is the expedited eviction process applicable to landlord-tenant relationships – the family member can only be evicted through an ejectment action, which is slower and more expensive.[1]

This rule has been applied to fired erstwhile employees[2], and to buyers in possession in real property sales.[3]

Check with an attorney in your location for information about eviction laws in your state.

 


[1] See, for example: Rosentiel v. Rosentiel, 20 A.D.2d 71; Minors v. Tyler, 137 Misc.2d 505.

[2] Turner v. White, 20 Wn. App. 290, 579 P.2d 410(1978).

[3] Bar K Land Co. v. Webb, 72 Wn. App. 380, 864 P.2d 435 (1993).

Posted in Landlord Tenant Law.

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