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hello this is turnerbrown Pendergraft and this is another episode of the ask a real estate attorney vlog so today's question was asked by Keisha Latrice so she s is evicting a family member with from a lease agreement is that the same thing as a victim a squatter and I said for the short answer I said probably not but for the long answer I said I would record a vlog so that's what doing this right now but um I gotta take my short answer back because the more that I think about it the more that I I think a better answer is is that whether or not the person is a family member is actually entirely irrelevant like the law doesn't care if the person is a family member or not they just care whether or not the person is a tenant or whether or not the person is a squatter so um and a family member can be both a tenant or a squatter so whether they're a family member not is again entirely irrelevant so that's just not even let's just take whether their family member not off the table so um so the better question is how do you evict a tenant versus how do you Vic based squatter and how do you tell whether a person that member not whether or not they are a tenant or whether or not they are squatter difference between a a but let's just stick with family maybe on point so let's just say I have a a sister that I let stone my property sister the say she does not have an or lease agreement I mean she does not have a written lease agreement she only has an or lease agreement but she pays rent so um she pays rent so even if this in the or lease agreement she's probably still be treated as someone who had a written lease agreement so wait for me to a victor will be to file for her to pay rent that's how you evict a I guess tenants is how you usually think of them these are people with lease agreements versus if I had to evict someone that is a let's say someone just a lot of friends they had my house who and then I tell them to leave and then doesn't leave all around I let my sister stay at my house and I just tell leave and she doesn't leave but she doesn't thaw but she does not pay rent or in which case she does not pay rent then she has to this has to go when I tell her to leave at that point no she's a squatter she stays after I ask her to leave and she's not paying rent so I guess the the main differentiator here is what cause of action you need to file in order to evict somebody and again if these people all right there if there are right payers then chances I have to file for further pay rent or a whatever your jurisdictions equivalent may call it I don't know summary judgment we're back whatever they called it you know it's a failure to pay rent versus if someone is a squatter third appearance is not the cause of action you have the father cause of action to evict or I should say squatter or non repair if someone is a non rent payer or has never in by that I mean someone who has never paid rent because at the moment someone pays and rent if even if they pay rent once there's a strong argument there they're a tenant now but if they have never paid rents at all then they are probably if they have never paid rent atolls and they are probably squat um in which case the way to the victim would be for a romp with detainer action so yeah so that's pretty much it I think I've been rambling for almost four minutes now so I'm about the sound off hopefully you understand it and hopefully I did a good job and I'm not gonna like cut this to clean it up and make it look any better whole point I'm giving you raw facts you can kind of see you know the mind of a lawyer and how we think so you like this thumbs up you don't just thumbs up anyway peace out