Wrongful Detainer, When a Person Who is Not an Owner or a Tenant Will Not Leave Your Home

It came as a complete surprise to me how frequently people try to stay in other peoples homes without a legal right to be there, and how the police may not to be very helpful in resolving the situation, and may even assist the person without ownership or tenancy in the home to gain access to it or remain there. It seems horrific that someone who forced their way into your home or whom you invited in may refuse to leave, and that the police might not assist you in having them removed, and may even tell them they have some right to be there. For instance, a friend who stays at your residence, overstays their welcome, and then refuses to leave.

If you are faced with such a situation you need to consult with an attorney to evaluate your options, determine if you are able to complete an affidavit based upon which an illegal occupant can be removed by the police, or if you do not qualify for the affidavit and need to file a wrongful detainer action to get the illegal occupant out.

A wrongful detainer action is for when you are trying to remove someone from your home; when you are the owner or legal tenant; the person you are trying to remove is not a tenant or legal owner; and there is no agreement for rent. Wrongful detainer is a distinct and separate cause of action from eviction and ejectment. It is important to file the correct cause of action to prevent unnecessary delay in getting the person illegally occupying your home out. If you have a person illegally occupying your home who is neither an owner or a tenant without an agreement for rent you scan contact us for a consultation about getting your home back.

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