Legal Question in Real Estate Law in Nevada

Eviction of a Family Member?

My daughter and her boy friend, along with their daughter are staying in a bedroom that I let them use while waiting for an apartment to become available. Now they will not move out. My daughter and boy friend are drug users. I want them out. What can I do to get them out ASAP?

Daughter is 45 yrs. old.

Boy friend is several years older.

My grandaughter is 6 and in our custody.


Asked on 9/09/07, 12:56 pm

2 Answers from Attorneys

Jim Herbe Black & Lobello

Re: Eviction of a Family Member?

Good afternoon. Though your tenants are family members, you have the right to treat them as a common-law tenant. However, you need a valid legal reason to evict them. Some common reasons for evicting a tenant are:

-- Non-payment of rent

-- Illegal activities

-- Failure to abide by lease provisions.

If you have a formal written agreement with your daughter then your process should be fairly straightforward. However, if all you have is an oral understanding you will have to show illegal activities.

In the end, you have the right to determine who lives in your home and who doesn't. Additionally, it seems you have a custodial issue regarding your grandchild. You have numerous legal issues and probably require legal counsel.

Contact my office if you'd like to schedule an appointment to discuss your situation.

Best Regards,

Jim Herbe

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Answered on 9/10/07, 3:15 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Eviction of a Family Member?

Serve them with a notice to pay or quit. Go to the constable's office and they will prepare and serve for you. If they don't leave, you will have to file an eviction lawsuit. Whether it is easy or hard, depends if they have a lease, if they are using drugs in your house or if they are paying you rent. If you would like to meet me for a fifty dollar 1/2 hour consultation, please call or email.

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Answered on 9/09/07, 2:43 pm


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