What does my mom have to do to get my brother out of her house?

My brother, his girlfriend and her daughter are living with my mom. She told them since they are not paying rent, she wants them out. They said they were moving out on May 9th, but never did. They no longer have any belongings at her house anymore. She is renting the house she’s in and she’s the only one on the lease.

Asked on May 21, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If they are not paying rent and have no ownership interest in the home, they are guests. Guests may only remain as long as the homeowner (or the legal tenant, if it's a rented, not owned, home) allows them to stay, annd that permission may be revoked at any time. Once it is revoked, they have to leave; if they do not, they will technically be trespassers and in theory the police should help remove them. The reason I say "in theory" is that the police often refuse to intervene in a case like this, if the trespassers claim that they have some right to remain there; the police prefer to let the courts determine who has a right (or not) to stay there when there is some question.

Your mother should tell them to leave and, if they don't, she should contact the police; but if the police do not or will not help, she should hire a lawyer to bring a legal action (e.g. an "ejectment" action) to determine rights to possession and residency and get them out legally.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.