How Do I Get Rid of a Houseguest Who Won't Leave? (2024)

A guest who won't leave when asked to do so is technically a trespasser—unless, that is, the police think he's a tenant, which makes the situation even more complicated.

Houseguests who have been asked to leave and overstayed their welcome are technically committing a crime—trespassing. Despite this fact, getting rid of a trespassing houseguest can be challenging.

Trespassing Laws and Penalties

Laws vary, but in most states, a person commits the crime of trespass by entering or remaining in a building or on land without permission from the owner or resident. Even if the owner initially gave the person permission to hang out or stay at their house, the person can still commit trespassing by not leaving when the owner asks. For example, a person who remains at a party after the owner tells them to leave is trespassing.

Many states divide trespass offenses into degrees or levels, with increasing penalties based on the type of property or situation. For instance, trespassing on another's land might carry a low-level misdemeanor penalty. States generally reserve the harshest penalties for trespass of a dwelling (a place where a person lives or sleeps) or in defiance of a request to leave. A person convicted of these more serious trespassing offenses could face up to a year in jail, fines, probation, and potentially a no-contact or restraining order.

Should I Call the Police for Trespassing?

Technically, in most situations, a houseguest who remains after being asked to leave is trespassing. So how can you get an unwanted guest out of your house? First, make sure that the trespasser knows that they are no longer welcome. It can be difficult to tell friends and relatives that you want them to leave, but if you've previously given the person permission to stay at your house—and not made it explicit that you want the person to leave—they might not be violating any laws. On the other hand, if you've made it crystal clear that a guest is not welcome, but the guest continues to stay, call the police and report the person for trespassing.

Police Involvement

Unfortunately, you might find that the police aren't as helpful as you would hope. Often, police are wary of getting involved in an unwanted houseguest dispute because they worry that the houseguest is actually a tenant.

If the houseguest is indeed a tenant, they can't be removed from the property until the landlord or owner has followed the proper procedures. In most states, the landlord must first formally terminate the tenancy with a written notice. Then, if the tenant doesn't leave by the deadline in the termination notice, the landlord will have to file an eviction lawsuit and (if the lawsuit is successful) get a court order for eviction. The actual physical removal of the person from your property must be carried out by a law enforcement officer.

Under the law in most states, guests—even long-term guests—are not tenants and are not entitled to the formal eviction process. However, a police officer has no way of knowing whether your guest is a trespasser or a tenant, and it's not a police officer's job to make that call. Police officers could find themselves in legal hot water if they wrongfully remove a tenant.

Do I Have to Formally Evict an Unwanted Houseguest?

There isn't a formal process (such as eviction) for getting an unwanted guest of your house. Your first step should be a straightforward one: Clearly tell the person that you need them to leave. If you want to preserve a relationship (for example, if it's a friend who won't leave your house), try to sit down with them and discuss it. If you're not comfortable doing this, give them the notice in writing—an email is fine, just make sure you keep a copy of it. No matter how you tell them their time at your place is over, be sure to give them a deadline by which they must be gone.

If they don't leave by your deadline, you could try changing the locks. However, your safety is the primary concern—don't do anything that you think could put you in danger. And don't ever use violence to try to remove an unwanted guest from your house.

You do have legal options if the guest ignores your notice and remains on the property. Many states allow you to file an eviction lawsuit against a guest who overstays their welcome. Even though you're not required to evict an unwanted guest, it might be your best (and safest) course of action. That's because once the court issues an order for the person to leave, you can have local law enforcement, such as a sheriff, carry out the order and physically remove the person.

When Does a Houseguest Become a Tenant?

Most commonly, a tenant is someone who has entered into a lease or rental agreement with the landlord. However, there are situations where someone who was once a guest gains the status of a tenant through their own actions or the actions of the owner.

For example, say you open your home to a friend who needs a place to stay and your friend generously offers to give you some money to defray expenses. Great, you think—that makes life a bit easier. Not so fast. If you accept money in exchange for allowing a person to stay with you, that person might be considered your tenant under state law—even without a written lease or rental agreement.

Other ways that a guest might gain the status of a tenant are by:

  • not having another residence
  • getting mail at the property
  • having a key to the property, or
  • giving something of value (or even a promise of something) in exchange for staying at the property.

Every state's laws differ on what makes someone a tenant rather than a guest. If you're unsure whether your guest has gained tenant status, consider contacting a local landlord-tenant attorney before you take any action.

Obtaining Legal Assistance

If you have a houseguest who won't leave, calling the police is an option. (If you're being threatened or harmed, don't hesitate to contact the police.) In other situations, it's often a good idea to first familiarize yourself with your state's landlord-tenant laws to make sure that your guest isn't considered a tenant. A landlord-tenant attorney can help answer any questions you might have, and might prove invaluable to have on hand when you call the police and ask for their help (you might even have your lawyer go with you to the police station to file a report).

How Do I Get Rid of a Houseguest Who Won't Leave? (2024)

FAQs

How Do I Get Rid of a Houseguest Who Won't Leave? ›

Guests must have permission to remain in your home. Once you withdraw that permission, they are trespassing. You may call local law enforcement to remove them from your home if they refuse to leave.

How do I get rid of an unwelcome guest in my house? ›

Call the police. You might also consider getting a restraining order or a domestic violence protection order that prohibits that person from having any contact with you. For additional assistance, contact a domestic violence prevention organization or check out these victim resources.

What is it called when someone refuses to leave your house? ›

Trespassing Laws

Your first thought might be to call the cops and report the overstaying house guest as a trespasser. Laws vary from state to state, but in most cases, a person commits the crime of trespass by entering or remaining in a building or on land without permission.

How do you get rid of guests who stay too long? ›

  1. Tell a “bad house guest” story. This is a not-so-subtle way of letting your guest(s) know the limits. ...
  2. Use a friend. If able, have a friendly guest scoot the impolite guest towards the door. ...
  3. Find a new place. ...
  4. Offer to get their stuff together. ...
  5. Give them chores.
Dec 11, 2020

How do you get a friend out of your house who won't leave? ›

File an official tenant eviction order with your local courts. If they still won't leave, you can take them to court. If they paid for groceries or any bills, they may legally be an "at-will tenant," making it much harder to kick them out legally.

How do you get rid of a guest who has overstayed their welcome? ›

How to Get Rid of People Who've Overstayed Their Welcome
  1. For Those You Know Will Linger: Put a Limit on the Conversation Time from the Start. ...
  2. Use Your Body Language to Convey that It's Time to Go. ...
  3. Be Polite but Direct to Get Rid of People When All Else Fails. ...
  4. Enlist an Accomplice (When You Can)
Jun 25, 2012

Can you tell a guest to leave your house? ›

Guests must have permission to remain in your home. Once you withdraw that permission, they are trespassing. You may call local law enforcement to remove them from your home if they refuse to leave.

What is it called to force people to leave home? ›

evict. verb. to legally force someone to leave the house they are living in, usually because they have not paid their rent.

What is it called when someone prevents you from leaving? ›

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.

What is preventing someone from leaving called? ›

False imprisonment, unlike kidnapping, does not require movement of a person, but rather means the person was prevented from leaving. False imprisonment is generally seen charged as a misdemeanor, but under certain circ*mstances may by a felony. Like kidnapping, a variety of conduct may constitute false imprisonment.

How long is too long for a guest to stay? ›

Keep it real

He maintains that the ideal amount of time for a stay is "three days and two nights. Anything over a week will be too exhausting and stressful for everyone — host and guest. It is best to minimize the disruption of everyone's lives."

What is the 3 day rule for house guests? ›

Lonely Planet co-founder Tony Wheeler was one of the first to offer a rule for house guests: “The oldest line is still the best – guests and fish begin to smell after three days. Or, like fish, guests should go off after three days.” There you have it – Rule #1: Three days max, even for family.

What are unwanted guests called? ›

synonyms for uninvited guest

On this page you'll find 9 synonyms, antonyms, and words related to uninvited guest, such as: intruder, trespasser, alien, busybody, meddler, and intermeddler.

How do you get people to leave you alone? ›

How to tell someone to leave you alone
  1. Walk away. Just walk away. ...
  2. Tell them directly. ...
  3. Cut communication. ...
  4. Block them from social media. ...
  5. Leave no doors open. ...
  6. Don't gossip about them. ...
  7. Get support from friends and family. ...
  8. Don't hang out where they are.

Can you let a friend stay in your house? ›

Tenants may have overnight guests but, legally, the guest doesn't have the right to be there for longer than laid out in your tenancy agreement – most landlords specify no longer than 7-14 days. At this point, guests are considered illegal occupiers or even sub-letters, depending on the situation.

How do you politely leave someone's house? ›

Don't Leave Without Saying Goodbye. Tempting though this may be, especially when your hosts are surrounded on all sides, it's essential to say thank you to your hosts on the way out the door. If they are speaking with other guests, wait until you see a pause in the conversation, and then say your farewells.

What are the four main ways that a hotel may evict a guest? ›

The four main ways that a hotel may evict a guest are contractual eviction, notification of imminent danger, material breach of contract, and nuisance.

How do you deal with difficult houseguests? ›

How to Deal With Annoying House Guests
  1. Let it all hang out. ...
  2. Set boundaries. ...
  3. Let criticisms roll off of your back. ...
  4. For notoriously difficult houseguests, put a safety net in place. ...
  5. Remember that your guests probably feel out of their routine too. ...
  6. Offer to pay for a hotel.
Nov 12, 2014

What to do when you have guests over? ›

How to entertain guests at home
  1. Create a cozy atmosphere for company. ...
  2. Make a playlist in advance. ...
  3. Plan a theme or activity for the evening. ...
  4. Arrange food and beverages. ...
  5. Set Out Linens. ...
  6. Make the powder room a design experience. ...
  7. Remember, it's about the experience, not following a set of rules.

How do you politely kick a guest out? ›

How To: Politely Get Guests To Leave
  1. Put an end time on the invitation. ...
  2. Increase the lighting. ...
  3. Starting to clean up. ...
  4. As you're noticing the evening is winding down, politely ask how your guests are getting home.
Nov 21, 2008

How do I get rid of freeloader? ›

Can you kick a freeloading friend out of your house if they are not on the lease? If they are not on the rental agreement or lease, you can ask them to leave. However, the law doesn't allow you to physically remove them from your home. If they refuse to leave, you could contact the police.

How do you tell a guest they have overstayed? ›

You can start by apologizing and telling your friend that you hate to be rude, but make it clear that you can no longer continue on in the current situation. Make sure your guest knows that the decision is not just for yourself, but for them as well, and make sure they know your intention and motivations.

Can you force someone to go home? ›

Adults usually have the right to decide whether to go to the hospital or stay at the hospital. But if they are a danger to themselves or to other people because of their mental state, they can be hospitalized against their will. Forced hospitalization is used only when no other options are available.

What is the word for kicking someone out? ›

boot out, chuck out, eject, exclude, turf out, turn out. put out or expel from a place. deport, exile, expatriate. expel from a country. debar, suspend.

What is the word for forcing someone to move? ›

Displace means to forcefully move or remove something — or someone — but it can also mean “to take the place of,” again, with some force.

What is it called when someone holds you against your will? ›

Duress describes the act of using force, coercion, threats, or psychological pressure, among other things, to get someone to act against their wishes. If a person is acting under duress, they are not acting of their own free will and so may be treated accordingly in court proceedings.

How do you legally tell someone to stop contacting you? ›

A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.

What is a 243 charge? ›

Domestic battery charges are covered under California Penal Code Section 243(e) and one of the most common forms of domestic violence related charges in Los Angeles County. It's generally defined as any willful and unlawful use of force or violence against another person.

What is 236 false imprisonment? ›

Definition of Penal Code 236 False Imprisonment

California Penal Code 236 PC defines false imprisonment as the unlawful violation of the personal liberty of someone else. To violate someone's person's liberty means a sustained restriction of their freedom using violence, duress, fraud, deceit.

What is the penal code 237? ›

Section 237 - Punishment for false imprisonment (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

How many nights can you stay at someone's house? ›

There are no set rules about how often or how long someone can stay.

How many days should a guest stay at your house? ›

Generally keep your visit to no more than three nights. Bring your own toiletries. Make your bed and clean up after yourself.

How long can someone live in a guest house? ›

Generally speaking, most landlords don't allow guests to stay any more than 10 to 14 days in a 6-month period.

What is the 10x10 rule in guest service? ›

I've expanded the Disney concept in my customer service training workshops by encouraging employees to greet customers within 10 seconds of coming within 10 feet of them. I call it the 10-10 rule.

What all does your family do when you have guests at home for a few days? ›

When guests come to our home for a few days, we pay full attention and respect to them. We take care that they have a comfortable stay. My mother makes special food for them so that they can enjoy their stay. My father takes a day off to take them to some good places.

What are some rules for overnight guests? ›

10 Ways to be a Good Overnight Guest
  • Communicate your schedule clearly before the visit begins. ...
  • Leave the pets at home. ...
  • Arrive bearing gifts. ...
  • Ask before you instagram. ...
  • Adapt to your host's sleeping schedule. ...
  • Use coasters. ...
  • Always make the bed. ...
  • Leave the bathroom cleaner than you found it.
Apr 11, 2015

How do you get rid of an annoying guest? ›

But here are a few other things in between you can do to gently hurry folks along:
  1. Change the mood. To get rid of guests who won't leave, change the mood with music and lighting. ...
  2. Try an explicit approach. ...
  3. Or the blunt way. ...
  4. The humorous way. ...
  5. Start to clean off gently. ...
  6. Use a friend to get the ball rolling.

What is an unwelcome guest? ›

Definitions of unwelcome guest. someone who gets in (to a party) without an invitation or without paying. synonyms: crasher, gatecrasher. type of: interloper, intruder, trespasser.

What is a word for unwelcome visitor? ›

On this page you'll find 9 synonyms, antonyms, and words related to unwanted visitor, such as: intruder, trespasser, alien, busybody, meddler, and intermeddler.

Is not leaving someone alone harassment? ›

Yes. If someone asks for space and you don't respect it then that is harrassment. If someone says no and you keep pestering it's harassment. Ignoring a person's boundaries repeatedly is harrassment.

How do you tell someone to go away? ›

Ways of telling someone to go away - thesaurus
  1. get out. phrasal verb. used for telling someone to leave.
  2. clear out. phrasal verb. informal used for telling someone rudely to leave a room or building.
  3. shoo. interjection. ...
  4. buzz off. phrasal verb. ...
  5. clear off. phrasal verb. ...
  6. push off. phrasal verb. ...
  7. on your bike! phrase. ...
  8. hop it. phrase.

What to do when your family won't leave you alone? ›

Steps
  1. Remember they don't have it "out for you" so don't be afraid to approach them.
  2. Be honest and open, but don't attack your parents. Restrain yourself from insulting your parents in this talk. ...
  3. Just knowing that your parents are aware of what you are going through can reduce your feelings of annoyance towards them.

What is it called when you stay in someone else's house? ›

Squatting is when someone is occupying an empty or abandoned property which they don't own or rent, and without the owner's permission. This is often without the owner's knowledge and without any legal right to do so.

How can I get my friend to leave my house? ›

Here are some tips on how to handle this situation:
  1. Mention that it is getting late.
  2. Provide non-verbal cues.
  3. Offering to call them a ride.
  4. Avoid people-pleasing; stand up for yourself and set a boundary.
  5. Suggest you move to a different location.
  6. Clear plates to the sink.
  7. Glance at your watch.
  8. Set an expectation for the guests.
Apr 11, 2023

What is a lodger? ›

A lodger is someone who lives with you in your home and shares living space with you, such as the bathroom or kitchen. They might have their 'own' room, but they live in your home with your permission and have agreed they don't have the right to exclude you from their room or any part of your home.

How do you tell someone they need to leave your house? ›

Lay out your reasons for asking them to leave, and let them know that you understand how hard this is. Speak to them as you would a co-worker, sticking to the facts and not emotional outbursts. Say, "We've enjoyed having you, but we unfortunately need our space back and have to ask you to leave in the next two weeks."

How do I get rid of unwanted visitors? ›

But here are a few other things in between you can do to gently hurry folks along:
  1. Change the mood. To get rid of guests who won't leave, change the mood with music and lighting. ...
  2. Try an explicit approach. ...
  3. Or the blunt way. ...
  4. The humorous way. ...
  5. Start to clean off gently. ...
  6. Use a friend to get the ball rolling.

How do I stop unwanted visitors? ›

How To Get Rid Of Unwanted House Guests
  1. Don't Invite Them. Sometimes, people invite themselves to stay with you. ...
  2. Offer To Pay For A Hotel. ...
  3. Set A Time Limit. ...
  4. Assign Chores. ...
  5. Make Them Pay. ...
  6. Stop Being So Nice. ...
  7. Annoy Them. ...
  8. Lie To Them.

How do I decline an uninvited guest? ›

Be Honest Upfront
  1. “Sorry! We don't have the space for houseguests at the moment”
  2. “Unfortunately we're unable to host any guests right now”
  3. “I'd love for you to visit sometime, but this weekend won't work for us!”
  4. “I know we'd have a great weekend!
Jun 10, 2021

What defines an unwanted visitor? ›

someone who gets in (to a party) without an invitation or without paying. synonyms: crasher, gatecrasher. type of: interloper, intruder, trespasser. someone who intrudes on the privacy or property of another without permission.

What is another word for unwanted visitor? ›

On this page you'll find 9 synonyms, antonyms, and words related to unwanted visitor, such as: intruder, trespasser, alien, busybody, meddler, and intermeddler.

How long is too long for guests to stay? ›

Anything over a week will be too exhausting and stressful for everyone — host and guest. It is best to minimize the disruption of everyone's lives." Although three days and two nights is the ideal visit, Hokemeyer admits that when guests are coming from a great distance, the stay may have to be extended.

How do I keep people away from my house? ›

Here is a look at some of the most common legal ways to keep out trespassers:
  1. Signs. The classic "No Trespassing" or "No Trespassers" sign does not change the fact that knowingly trespassing onto private property is generally illegal. ...
  2. Fences. ...
  3. No Traps. ...
  4. Cameras. ...
  5. Calling the Cops.
Nov 12, 2013

Is it normal to not want visitors? ›

Absolutely, it is okay to not have visitors! There is no right or wrong decision in choosing whether to have people over after giving birth or not. In some ways, not having visitors can have positive benefits for new parents and their infants.

How do you refuse someone to come to your house? ›

Polite ways to decline an invitation

Using words and phrases like "I am sorry," "I appreciate," "thank you," "honor," and so on, make your response sound more polite. Consider some examples. Thank you for the invite. I am honored; however, I will not be able to attend because I have another engagement that day.

How do you tell someone no to stay at your house? ›

  1. Polite and compassionate honesty is the best solution.
  2. Go with the obvious and simple response.
  3. Explain your notion of preferring to have your own peace at home.
  4. Create an alternative.
  5. Be honest but stay safe.
  6. Don't deflect blame.
  7. Tell them why you're not currently having houseguests.
  8. Suggest other options of places to stay.
Apr 12, 2023

How do you tell guests not to bring a guest? ›

Add a section saying “We have reserved __ seat(s) in your honour”, and fill in this gap with the number of people you're inviting. For example, if you're inviting your cousin Mary and she's not allowed to bring a guest, you should write “1 seat”.

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