Living with family is usually a source of comfort, but sometimes, relationships break down to the point where sharing a roof becomes impossible.
Whether it is an adult child who refuses to launch or a relative who has overstayed their welcome, you might find yourself in the distressing position of considering evicting a family member. It is a heavy decision, often laden with guilt and confusion, but knowing where you stand legally is the first step towards reclaiming your peace of mind.
In Singapore, the law does protect property owners, even against their own kin, provided specific steps are followed.
What is the Legal Status of a Family Member in Your Home?
Before you take any action, you must understand your family member’s status. In most cases, an adult child or relative living with you without paying rent is considered a “bare licensee”.
A bare licensee is someone who has your permission to be on the property but does not have a tenancy agreement or any proprietary interest in the house. Unlike a tenant who has a lease, a bare licensee does not have the same statutory protections against eviction.
You have the right to revoke this permission at any time, provided you give them a reasonable period to pack up and leave. However, if they contribute to the mortgage or have a formal rental agreement, their status shifts, and the process becomes more complex.
How to Evict a Family Member from a House: The “Soft” Approach
Ideally, you want to resolve this without going to court. Legal battles with family can permanently destroy relationships and drain your finances.
- The Honest Conversation: Sit down and explain why the current arrangement is not working. Be firm but kind. Set a clear deadline for them to move out.
- Mediation: If talking in circles is getting you nowhere, consider professional mediation. A neutral third party can help navigate the emotional minefield and reach a mutually agreed-upon move-out date.
- Cash for Keys: It might sound counterintuitive to pay someone to leave your own house, but offering a small sum to cover their first month’s rent elsewhere can sometimes be cheaper and faster than legal fees.
Evicting a Family Member in Singapore: The Legal Steps
If the soft approach fails and they refuse to budge, you will need to formalise the process. Here is a step-by-step guide to evicting a family member.
Revoking the Bare Licence
Since they are likely a bare licensee, you must formally revoke their permission to stay. This is done by serving them a written notice. This document does not need to be overly complicated, but it must be clear. It should state that their licence to occupy the property is terminated and specify a reasonable date by which they must vacate. “Reasonable” is subjective, but giving them a few weeks is usually seen as fair by the Court.
Treating Them as Trespassers
Once the deadline in your notice passes and they are still there, they are technically trespassing. You cannot physically drag them out yourself, as this could lead to criminal charges against you. Instead, their continued presence becomes a civil wrong.
Applying for a Court Order
To enforce their removal, you may need to apply to the Court for a judgment that declares you are entitled to possession of the property. If they still refuse to leave after the Court judgment, you can apply for a Writ of Possession. This allows a Sheriff to legally remove the person and their belongings from your home.
Dealing with Aggressive or Violent Family Members
If the situation involves violence or threats, the process for evicting a family member in Singapore changes immediately. Your safety is the priority.
- Personal Protection Order (PPO): If a family member has committed violence against you or is likely to do so, you can apply for a PPO.
- Domestic Exclusion Order (DEO): This is often applied for alongside a PPO. A DEO specifically mandates that the abuser must leave the home and is forbidden from entering it. This is a powerful tool that bypasses the standard eviction notice period because safety is at risk.
When You Cannot Simply Evict: Co-Owners and Tenants
There are scenarios where you cannot just kick someone out.
- Joint Tenants: If the family member is a co-owner of the property (e.g., your spouse or sibling is on the title deed), you cannot evict them. They have as much right to be there as you do. In these cases, you might need to look into selling the property or Divorce proceedings to untangle the assets.
- Tenants with Contracts: If your family member has a signed tenancy agreement and pays rent, they are a tenant. You must follow the strict rules of the landlord-tenant relationship, which means you can evict them only for breaching the lease (e.g., not paying rent) and must follow formal eviction protocols.
Understanding the Maintenance of Parents Act
While not a tool for eviction, it is worth noting that the law cuts both ways in Singapore. If you are an elderly parent evicting a family member (specifically an adult child), be aware that they generally cannot use the Maintenance of Parents Act to claim a right to live in your house.
That Act is designed to ensure children provide financial support to parents who cannot subsist on their own, not to grant children a right to occupy their parents’ property.
Conclusion About Evicting Members From My Property in Singapore
Reclaiming your space from a family member is rarely easy. It requires balancing firm boundaries with the emotional weight of family ties.
Whether it is a simple case of revoking a licence or a complex situation involving co-ownership, ensuring you follow the correct legal procedures is vital to avoid further complications. If you are unsure about how to evict a family member from the house or need assistance with a difficult relative, do not handle it alone.
Tembusu Law is here to help. We have some of the best family and Divorce lawyers in Singapore who understand the delicate nature of these disputes. We can guide you through the process with empathy and legal precision.
Contact us for a free discovery call today and let us help you restore peace to your home.
Frequently Asked Questions About Evicting Members From My Property in Singapore
Can I Legally Kick My Adult Child Out of My House in Singapore?
Yes, you generally can. Adult children are typically considered “bare licensees” if they do not own the property or pay rent under a formal agreement. You have the right to revoke their permission to stay by giving them reasonable notice to leave.
What Constitutes “Reasonable Notice” When Evicting a Family Member?
There is no fixed statutory period for a bare licensee, but the Court usually considers what is fair under the circumstances. A period of two to four weeks is often considered a reasonable time for them to find alternative accommodation.
Can I Change the Locks to Evict a Family Member?
It is risky to change the locks without a Court order, especially if their belongings are still inside. If you lock them out without a proper legal process, they might claim you have unlawfully deprived them of their property or even claim an illegal eviction if they can argue they had tenancy rights.
What if the Family Member Pays for Utilities or Groceries?
Contributing to household expenses, such as utilities or food, usually does not make a tenant. It is often viewed as a domestic arrangement rather than a commercial intention to create legal relations. They likely remain a licensee, which makes evicting a family member from home easier than evicting a tenant.
How Does a Domestic Exclusion Order Differ From a Standard Eviction?
A Domestic Exclusion Order (DEO) is specifically for cases involving family violence. Unlike a standard eviction, which is based on property rights, a DEO is based on safety. The Court grants it to protect a victim by barring the abuser from the home, often effective immediately.
