Q: My friend owns his own home and his sister has been staying with him. She has now taken out a no-contact order against her brother, my friend who is also the homeowner, and he is no longer allowed inside his own home. They do not have any written agreement, contract or lease in place. How would he go about getting her out of the house he owns and pays for?
A: In the absence of a no-contact order, your friend, the homeowner, could serve his sister with a Notice to Vacate the property. If she continued to remain on the property, he could then proceed with an eviction action.
However, the no-contact order complicates the situation. You don't say whether the no-contact order arises from a criminal action, an order for protection in a domestic abuse proceeding or a harassment restraining order. All have different language prohibiting different actions by the person subject to the order, and sometimes even prohibit all contact by the person subject to the order, including his or her agents.
Without reading the order itself, it is difficult to give your friend advice except to recommend that he hire an attorney who can help him lift the order or get a clarifying ruling from the judge who signed the order. As part of that proceeding, your friend may be able to arrange to have his sister move from the house so he can move back in.
If not, your friend needs to ask the court for permission to pursue his remedies as a landlord and bring an eviction action. Your friend should not change the locks or try to contact his sister, as that would be a violation of the no-contact order and would put him in a much worse legal position.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.
