In the United States, eviction is a legal process for landlords who are victims of domestic violence, harassment, sexual assault, or stalking. The law treats most family members like any other tenant or occupant of your property, with exceptions in most states. In Arkansas, an eviction can take around 2-4 weeks, depending on the reason for eviction and whether the tenant contests it.
To evict a family member or friend from your home, you need to serve them with a notice to vacate that states when and why. If they refuse, you should determine if the person is a guest, roommate, or tenant, talk to the landlord (if you’re a renter), talk to your tenant about the issue, give the tenant a written eviction notice (if required), file an eviction action with the appropriate court, attend the hearing, and appeal the decision.
It is essential to understand your rights as a victim of family violence, including early lease termination, public housing rights, kick-out orders, the Address Confidentiality Program, and create boundaries. If the person does not vacate within the notice period, you will then file for an eviction at your local small claims court.
In most US states, you must give a minimum notice, which could be 30-60 days, advising them their at-will tenancy has been terminated. The Safe Homes Act provides protection for victims of domestic or sexual violence, including dating. If the person is harassing, threatening, or violent, you can file for a restraining order. Examples of state and local domestic violence housing protections include laws that prohibit housing discrimination based on an applicant or tenant’s race.
In the Philippines, a person may face the possibility of being evicted from their home if they refuse to leave. In the United States, landlords can file for a restraining order if the person is being abused or pressured. In the Philippines, a person may face the same legal process as a tenant in the United States.
Article | Description | Site |
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How To Evict Abusive Family Member? : r/legaladvice | He refuses to move out of the house, is very verbally abusive and loud, refuses to cooperate or share space, doesn’t contribute financially in any way. | reddit.com |
How to Evict a Violent Family Member: Expert Advice | Trying to assist elderly parents in evicting family member (their son) who is staying there, and is overall verbally. | justanswer.com |
THE SAFE HOMES ACT | What is The Safe Homes Act? A law that gives you or anyone in your household who is a victim of domestic or sexual violence (including dating … | povertylaw.org |
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