How do we evict someone?

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How do we evict someone?

My brother-in-law has been living with us for the last 4 months. We want him to leave. He has moved from inside our home to a camper out back. The agreement when he moved here was that he would find a job, pay $100 a week, and move into his own place somewhere else by Thanksgiving. Well no job, very little rent less than half of what he owes and tomorrow is Thanksgiving. We provide everything for him, such as food, electricity, water, transportation, etc.

Asked on November 21, 2012 under Real Estate Law, Mississippi

Answers:

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

Answered 9 years ago | Contributor

Since your brother-in-law is supposed to be paying rent (even if he has not), he is considered to be a "tenant". Accordingly, you will have to seve him with a "notice to quit" (typically 30 days). If he has not vacated by the date specified in the notice, then you will have to file for an "unlawful detainer" in court; this is nothing more than an eviction lawsuit. If you win at trial, the judge will issue you a "writ of possesssion" which will give you the legal right to take back the premises. If your brother-in-law remians at that point, you can have a sheriff physically remove him if necessary. In the meantime take no self-help measures such as changing the locks, removing his belongings, etc. You coud find yourself on the wrong sideo f the law if you do.


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