How do I evict the people living in my mother’s house?

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How do I evict the people living in my mother’s house?

My grandmother, who is my legal guardian is in the nursing home. In her will, she left the house to my biological mother and me. My biological mother has since passed. The people there were living with my biological mother in the house. The deed is at the lawyers office and I can easily get in touch with my grandmother’s POA. The people there have agreed if I write out a written eviction notice they would vacate. What should the notice include? Also, they have never paid any rent there. If they fail to vacate, what action should I take next?

Asked on August 18, 2012 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An eviction notice should include a tenant's name, property address, date of service and date by which a tenant must vacate. However, each jurisdiction's form of notice and rules regarding service (when/how it is delivered to the tenant) differ. You can call your local housing court, a tenant's rights group, or google your state's laws regarding landlord-tenant matters for specific information.

If your tenant's fail to leave the premises by the date given in the notice, then you will need to file an eviction lawsuit known as an "unlawful" detainer".  At such point as a judge issues you a "writ of possession", your tenants will be required to move out. If they fail to do so, you can have a sheriff due it, forcibly if necessary.

You can then file a claim in small claims court for any rent owed to you.


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