How to Get Someone Out of Your House: Legal Steps, Rights, and SCRA Rules

Most people do not expect a simple living arrangement to become a legal issue, yet it happens every day.

A guest arrives for a short visit and stays longer than promised. A friend treats your house like their apartment. A family member moves in after a difficult moment in life and refuses to leave. A tenant stops paying rent and avoids every conversation. Each situation feels personal, but the law treats them very differently.

Some cases involve nothing more than a conversation. Others require strict procedures through a local court. When the person claims military protections, the rules shift again, and the homeowner must follow federal requirements before taking any step that resembles an eviction.

The path forward is not always obvious, and small details decide the outcome. The next section opens that path with clarity, so stay with us.

Key Takeaways

• You cannot remove someone from your house without following the correct legal process based on whether they are a guest, occupant, or tenant.
• Self-help methods like changing locks or removing belongings are illegal in most states.
• Military tenants cannot be evicted without a court order, and the SCRA may delay eviction proceedings if the service member’s duties affect their ability to appear.
• Before taking any legal action, you must verify whether the person is an active duty servicemember, as this changes the entire eviction process.
• Trespassing laws apply only when the individual is not considered a tenant or resident under local housing rules.

Understanding the Person’s Legal Status Before Removal

Every situation begins with a simple question: Who is this person in relation to your home? The law does not rely on personal history. It examines how the person inhabits the space, what they contribute, and the permission you grant.

Once you understand their legal status, the path forward becomes much clearer.

Guest

A guest is someone whose presence depends entirely on your invitation. They come for a short visit, do not pay rent, and do not treat the house as their residence. This category is the most flexible, as a guest can be asked to leave at any time without undergoing a formal eviction process. The law sees them as visitors, not occupants with rights attached to the property.

Things change when a guest slowly stretches their stay. A friend who sleeps on your couch for a few weeks, brings more belongings each day, or treats your living room like their own apartment may begin to cross into a different category.

Courts look closely at consistent behavior. A stay that begins with permission can quietly turn into residency, which affects whether you can still ask them to leave immediately.

Occupant

An occupant stands between a guest and a tenant. They live in the home regularly, even though no written lease exists. Their belongings remain in the house, they may receive mail at the property, and their daily routine depends on living in your home.

Once someone reaches this point, most courts expect a written notice with a clear date for them to vacate before any legal action is taken.

Consider an adult child who moves back home during a difficult period and later refuses to leave or a relative who turns a short visit into a permanent stay. Although these situations may seem informal, the law often regards them as long-term arrangements.

Treating an occupant like a guest by asking them to leave immediately can create legal trouble, especially if the court believes they developed residency rights.

Tenant

A tenant holds the highest level of protection under landlord-tenant laws. The court focuses on behavior, not paperwork, to decide whether someone qualifies as a tenant.

Anyone who pays rent, contributes to utilities, or uses the home as their primary residence may gain full tenant rights even if they never signed a written lease. This includes long-term house guests who pay rent occasionally or someone who helps cover bills during their stay.

Once someone becomes a tenant, removing them requires a legal eviction process. This typically includes a written notice, a notice period, and, in some cases, an unlawful detainer lawsuit if the tenant refuses to leave.

Misclassifying a tenant as a guest is one of the most common mistakes homeowners make, often leading to delays or claims of illegal eviction.

Key risks of misclassification

• You may accidentally trigger illegal eviction claims.
• Court procedures may be delayed if the incorrect process is used.
• You may be required to start the eviction process again from the beginning.
• The person may gain additional rights once they are treated as a tenant.

These distinctions become crucial once you decide to take the next step. Courts expect homeowners to follow the legal eviction process that matches the person’s actual status, not the label you originally gave them.

Legal Steps to Remove Someone from Your House

Step 1: Issue a Clear Written Request to Leave

The process begins with a direct conversation. Let the person know that their permission to stay in your house has ended and that you expect them to leave. This simple step matters more than most people realize, because a court will often look at how you handled the situation before any legal action began.

A respectful but firm verbal request demonstrates that you attempted to resolve the matter without resorting to the immediate legal eviction process.

Once the conversation has been clarified, you follow up with written communication. This written request must include the specific date by which the person must leave and should be delivered in a way that creates proof.

Homeowners often send the message via email or certified mail so they can demonstrate to a judge that the person was informed. Written documentation becomes crucial when the person refuses to leave or later denies receiving notice.

This written request lays the groundwork for the formal steps that may follow.

A person who leaves after receiving a written deadline usually avoids further legal trouble. Someone who ignores it or refuses to leave often signals that the situation is moving toward legal action. Courts rely heavily on this early documentation when deciding whether you acted legally and whether the eviction can move forward.

A written request helps you

• Establish a clear intent before filing anything with a local court
• Protect yourself from claims of illegal eviction
• Show the judge that you attempted to resolve the matter without immediately serving an eviction notice

This first step creates the record you need before you consider filing an eviction case. It shows that you took reasonable steps, respected the legal process, and followed the correct procedure from the beginning.

Step 2: Send a Formal Notice to Vacate

If the person qualifies as a tenant, the next step is a formal notice to vacate. This notice tells the tenant that their time in the property is ending and gives them the legally required notice period. Courts will not consider an eviction case unless this step is completed correctly, so the notice must follow your state’s rules.

Most states require a notice period that ranges from three to thirty days. The exact timeline depends on local eviction laws and the reason the tenant is being removed. Even without a written lease, the tenant still receives the notice period required by your state statute, which is why accuracy matters at this stage.

The notice must also contain language required under state law. Courts look closely at whether the notice includes the proper wording, the specific date the tenant must leave, and a clear explanation of the next step if they refuse to leave. Any mistake in the notice can delay the eviction process once it reaches the local court.

Delivery is just as important as the wording. Many landlords send the notice through certified mail or use a professional process server so they can prove the tenant received it. Proper delivery creates the documentation the court expects before issuing an eviction order.

Step 3: Avoid Self-Help Eviction

Once a formal notice has been delivered, it may be tempting to push the person out on your own, especially when they refuse to leave. This is the point where many homeowners make mistakes that create legal trouble.

Any attempt to remove someone without a court order is considered a self-help eviction, and most states treat it as illegal.

Self-help eviction includes actions such as changing the locks, shutting off utilities, removing personal belongings, or trying to physically remove the person from the house. Courts view these actions as violations of landlord-tenant rules, even when the homeowner feels frustrated or believes the person no longer has permission to stay.

Penalties for self-help eviction can be severe. Judges can require you to reinstate the tenant, pay fines, or restart the entire eviction process from the beginning. These penalties exist because the eviction process must go through the local court, not through personal attempts to force someone out.

Following the legal eviction process protects you from these consequences and keeps your case eligible for a lawful eviction order if the person continues to refuse to leave.

Step 4: File for Eviction or Possession

When written requests and notices no longer produce results, the situation moves into the court system.

Filing an unlawful detainer or eviction case becomes the formal step that asks a judge to decide who has the legal right to possess the property. This filing shifts the matter from personal conflict to a documented legal process.

Eviction filings are extremely common nationwide. In the cities and states tracked by Eviction Lab, landlords filed more than one million eviction cases in the last 12 months and over 76,000 cases in the last month. You can view the current numbers through their Eviction Tracking System at Eviction Lab. These statistics reflect the frequency with which tenants refuse to leave after receiving notice and how often courts handle such disputes.

Once the case is filed, the court schedules a hearing date. The hearing provides both sides with the opportunity to explain their position and present evidence, such as written notice, rental payments, or communications indicating a refusal to leave. The judge then determines whether the person must vacate the property and whether an eviction order should be issued.

If the other party does not attend the hearing, the judge may enter a default judgment. This allows the case to move forward without their participation. The only exception involves active duty service members, since SCRA protections may delay a case if military duties prevent them from appearing.

Step 5: Law Enforcement Assistance

Once the judge issues a court order known as a writ of possession, the responsibility for enforcing the eviction shifts to law enforcement.

At this stage, the sheriff or police have the legal authority to enter the property and remove the person living in your home. Their involvement ensures the process stays within the rules set by your state and prevents any claim that the eviction was handled improperly.

Homeowners must never try to physically remove anyone on their own, even when they feel threatened or believe the court has already granted possession. Attempting to escort the person out or touching their belongings can lead to legal trouble and may undo the eviction order you worked to obtain.

Allowing the sheriff or police to complete the removal protects you, keeps the process lawful, and ensures every action aligns with the legal support the court has already provided.

Removal Process Based on Individual Type

Situation	First Action	Legal Step	Risk or Legal Note
Guest, not a tenant	Written request to leave	Call the police for trespassing	Police respond only if the person cannot show any sign of residency
Family member or roommate with no lease	Written request	File for possession through the local court	Any form of self-help eviction is illegal
Tenant with a lease or established residency	Notice to vacate	File a full eviction case	Must follow state landlord-tenant laws before removal
Safety or a potentially violent situation	Call the police or request a protection order	Court involvement may be immediate	Removal can happen quickly under protective laws

Removing a Military Tenant: SCRA Protections Change the Process

Evicting a military tenant follows a different legal path because the court must apply federal protections before considering any removal. This affects how quickly the case progresses and the steps the landlord must take before filing anything with a local court.

What Does the SCRA Protect?

Active duty servicemembers cannot be evicted without a court order. Even when rent has not been paid or the written lease has been violated, the court must verify the tenant’s military status before allowing the eviction process to continue. This requirement ensures the court understands whether military duties may interfere with the tenant’s ability to respond.

Once military status is confirmed, the judge also considers whether service obligations affect participation in the case. If deployment or training makes it difficult for the tenant to appear, the court may grant a 90-day stay. This delay can be extended when official duties create unavoidable conflicts, and judges use this time to make sure the servicemember receives a fair opportunity to respond.

These protections apply only when the monthly rent falls under the federal SCRA threshold. When the rent qualifies, the court must apply these rules before issuing any eviction order. This final step ensures that the servicemember’s rights are fully reviewed before the case moves forward.

Together, these safeguards create a more structured process that requires careful timing and accurate verification. Landlords must follow each step closely to avoid delays or dismissal.

What the SCRA Does Not Protect?

The SCRA does not prevent a landlord or homeowner from filing an eviction. A case can still be opened in the local court as long as the judge reviews the tenant’s military status before taking further steps. This means the eviction process can begin, even when the tenant is on active duty, as long as the court handles it correctly.

Although filing is allowed, the SCRA does not excuse lease violations that are unrelated to military service.

Issues such as damaging the property, ignoring the written lease, or refusing to follow agreed-upon rules still give the landlord a legal basis to proceed. The court focuses on whether military duties affect participation in the case, not whether the violation should be forgiven.

These limits also show that the SCRA does not provide immunity from civil proceedings. The law offers delays and procedural protections, but it does not stop the case from continuing. The court may adjust the timeline for deployment or official duties, yet the claims still move through the legal system.

Why You Must Verify Military Status Before Removing Anyone?

Before you file an eviction, the law requires you to determine whether the person living in your home is serving on active duty. This step isn’t just about compliance; it’s what allows the court to decide which procedures apply and whether the case can even move forward.

Judges use this verification to protect both parties and ensure that military tenants receive the additional consideration that federal law guarantees.

A military affidavit is the document that confirms that status. Without it, a judge cannot issue a ruling. If you file without verification, the court will likely pause or dismiss the case entirely, and you may have to start the process again.

Taking the time to verify early prevents unnecessary delays and demonstrates that you’ve followed the proper legal steps from the beginning.

Military verification becomes especially important when the situation isn’t straightforward. You might face uncertainty when:

• The person refuses to leave but claims military protection without showing proof
• You suspect the tenant may be on active duty, but can’t confirm it directly
• The individual has disappeared, leaving you unable to serve notice or contact them

These scenarios are where verification provides the most protection. It provides the court with clear information, shields you from legal risk, and ensures that the eviction process adheres to the rules established under federal law.

When handled properly, it becomes one of the simplest ways to keep an eviction case on track.

Ensure Legal Compliance with Military Verification Before Removing a Tenant from Your Home

Removing someone from your home requires a structured legal process that depends on whether they are a guest, occupant, or tenant. Each category follows different rules under state law, and skipping a required step can result in penalties or dismissal of the filing.

When the person is an active duty servicemember, the process becomes more complex. The Servicemembers Civil Relief Act requires that every eviction involving military tenants go through court supervision. Judges review each case closely, and any self-help removal, such as changing locks or removing belongings, is considered illegal.

The most important step before filing any case is confirming whether the person is currently serving in the military. Verification ensures the process follows federal law and prevents costly delays or legal violations.

For fast, court-accepted verification, use SCRACVS’ active duty verification service. This service helps landlords and attorneys verify a person’s status within minutes, protecting them from invalid filings and SCRA violations.

Completing verification first keeps your eviction case compliant and allows the court to move forward confidently, knowing all federal requirements have been met.

FAQs

Can I call the police to remove someone from my home?

Police can intervene only if the person living in your property is a trespasser with no right or permission to stay. If they pay rent, have belongings in the apartment, or receive mail, the situation becomes a legal matter. In that case, you must file an eviction case through the local court and follow proper state rules before removal.

Does the SCRA prevent eviction of active-duty servicemembers?

The SCRA does not stop a landlord from filing an eviction, but it changes the process. A judge must issue a court order before removal, and the case may be paused if military duties prevent attendance at the court date. Evicting without judicial review violates federal rules and can result in penalties.

How do I know if someone claiming to be active duty is telling the truth?

Always verify before taking legal action. Use the SCRACVS service to confirm whether the person is on active duty. This verification is accepted by courts nationwide and helps landlords, lawyers, and property owners avoid filing mistakes or SCRA violations during the eviction process.

What happens if I try to evict someone who is protected by the SCRA?

Filing an eviction against an active-duty servicemember without court approval can delay or void the case. Judges may issue a 90-day stay or longer to protect the tenant’s rights. You could face legal consequences or be required to restart the entire eviction process, especially if proper verification was not completed beforehand.

What if someone says they are in the military to avoid being removed from my home?

If a person refuses to leave and claims military status, request proof and verify it immediately. You can check through an official verification service before continuing the eviction. If the person is not on active duty, standard landlord-tenant laws apply, and you can proceed with notice, filing, and court procedures as usual.

Does SCRA apply if the servicemember is not paying rent?

Yes, SCRA protections still apply even if the tenant fails to pay rent. The law ensures due process and prevents sudden removal while they are serving. You can still pursue an eviction case, but the judge must confirm military status and may extend the timeline based on the servicemember’s active-duty obligations.

How long can a military tenant delay eviction under the SCRA?

Courts typically grant at least a 90-day delay when a servicemember’s duties interfere with participation in the hearing. In some cases, judges extend the stay until the person completes deployment or training. The delay ensures fairness and allows proper communication between the landlord, attorney, and court handling the eviction matter.