Can someone living in my property for services be a tenant?

So, I’ve got this situation. Someone’s been living in a property I own for over 15 years, and instead of paying rent, they provide security services. They pay for electricity but not for water or property taxes (I cover those). Lately, their excessive hoarding has taken over the whole building, and there’s illegal wiring everywhere, which has created a serious fire hazard. I want them to leave, but IDK if they’re technically a tenant or just an employee. Any advice on how to handle this legally?

If they’ve been there for 15+ years, they might legally count as a tenant, even if they aren’t paying traditional rent. Tenant laws can be tricky, so you’d probably need to go through a formal eviction process.

@Micah
Yeah, I was afraid of that. Does it matter that they’re technically there for services, not rent?

@Micah
It might. But in a lot of places, even services count as ‘rent.’ I’d check local tenant laws to be sure.

Have you given them any kind of written notice yet? In most places, you’d need to provide a formal eviction notice with at least 30-60 days.

Rain said:
Have you given them any kind of written notice yet? In most places, you’d need to provide a formal eviction notice with at least 30-60 days.

Not yet. I was hoping to figure out the best approach before saying anything.

Rain said:
Have you given them any kind of written notice yet? In most places, you’d need to provide a formal eviction notice with at least 30-60 days.

Makes sense. Just make sure the notice follows the law in your area. Otherwise, it could delay things even more.

The fire hazard and hoarding might let you speed up the process. Health and safety violations can sometimes be grounds for quicker evictions.

Zeph said:
The fire hazard and hoarding might let you speed up the process. Health and safety violations can sometimes be grounds for quicker evictions.

Interesting… I hadn’t thought of that. Do I need to prove the hazards in court or something?

Zeph said:
The fire hazard and hoarding might let you speed up the process. Health and safety violations can sometimes be grounds for quicker evictions.

Probably. You might need an inspection report or photos to back it up. Have you talked to a lawyer?

If they’re considered an employee, things could get complicated. You might need to terminate their ‘job’ first before asking them to leave.

Alexander said:
If they’re considered an employee, things could get complicated. You might need to terminate their ‘job’ first before asking them to leave.

Ugh, sounds like a lot of hoops to jump through. Would tenant laws still apply even if I fire them?

Alexander said:
If they’re considered an employee, things could get complicated. You might need to terminate their ‘job’ first before asking them to leave.

Possibly, yeah. Once someone’s lived somewhere for that long, tenant protections might kick in no matter what.