If my parents own the house my brother rents but they don’t want me around and he is in jail, can they do anything?

Asked on March 24, 2012 under Real Estate Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And so what I am assuming here is that you are staying at the house as a guest of your brother?  Maybe.  Maybe not.  If he is in jail who is paying the rent on his behalf?  I might think that they would consider you a squatter or trespasser and try and get you out through eviction.  But if you are a guest then they might have a difficult time.  However, you have not given any info on if there is a formal written lease or what the agreement is during his incarceration or how long he will be incarcerted.  Why add fuel to the fire with your parents.  maybe if you try and make things right it will not be an issue at all.  Good luck. 

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