Why did the police tell me to file an eviction?
The right to a home is a civil matter. The police only have the power to address criminal issues, so they cannot make the determination as to who has the right to live in a home.
I told the police this person doesn’t live with me. Isn’t it a crime for them to be in my home when I’ve asked them to leave?
This is a very tough call for the police. Even if someone isn’t on the lease or doesn’t own the home, they can easily “live” there legally just by staying for more than a few days, receiving mail there, keeping their belongings there, or otherwise establishing residency. If the person legally lives there, the police cannot evict them because eviction is a civil matter.
What if the other person is being violent? Will the police kick them out then?
If the person you want removed from your home is making violent threats or harming you, you should definitely call the police. When the police arrive, they may arrest the person and take them to the jail, but they will still tell you to file an eviction because people are often released on bond and will come straight back to your home. The police cannot permanently remove someone from your home. You may also want to file for a protective order if you are worried about your safety, or the safety of others.
Will the police remove someone who tries to come back after I’ve evicted them?
Yes, after you evict someone and have an order from the court saying you’ve won the eviction case and followed through with the set-out, the person no longer has any legal right to be in your home. If they try to come back, you can then call the police and they will remove the person and can arrest them for trespassing. Be careful, though. Even after you evict someone, it’s easy for them to establish residency at your home all over again if you start letting them stay with you or keep their stuff at your house. Make sure that you complete the eviction process and get all of their things out of your home.
What if the police remove someone anyway and don’t make me file an eviction?
The police may be liable for illegally evicting someone if they do this and the person later proves they legally lived there. This is why the police will never remove someone because a brief encounter when you call them doesn’t give them enough information. If the person says they live there, the police will not argue as that argument belongs in the civil courts, and they will not make a decision that a judge needs to make.
Still have questions? Visit the Self Help Center Monday - Friday, 9 AM - 3 PM.