Legal Question in Landlord & Tenant Law in Kansas

My sister has stayed at my house for 2 years. My husband and I have continuosly told her to get out. There is no rental agreement and she was told she could not live here. 4 days ago we got into an altercation in my house and she bruised my arm. She was told to leave. Last night she and I got into it again she threatened me the she took a bunch of her stuff. Can I put her stuff outside protected and not allow her back into my house. Can I call the police on her for trespassing if she comes onto my property. She was told that she is not allowed here.


Asked on 12/14/13, 7:08 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Based upon the facts you described, it appears that you should formally evict your duster. After two years, she has established residency in your house. She had been your guest. Once you told her to leave, she became a holdover tenant. As such you can sue to have a judge order her to leave, and to pay you the fair market rent from the day you told her to leave. If you just lick her out, our put her stuff out, (without going through the Court) you may be liable for damages to her. Until she is evicted, she isn't a trespasser.

Good luck

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Answered on 12/15/13, 1:42 am


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