If my adult brother lives with my motherand refuses to move, how can we get him out?

UPDATED: Oct 6, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 6, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my adult brother lives with my motherand refuses to move, how can we get him out?

My brother is not on the lease nor does he pay rent or any other bills.

Asked on October 6, 2011 under Real Estate Law, New York


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

Answered 11 years ago | Contributor

Since your brother has not paid your mother rent (including food, utilities, etc), then he is not a tenant; he is a "licensee".  This is someone who was invited to stay on the premises with the owner's permission.  Now that such permission as been revoked, he is subject to removal in the same way in which a tenant would be - by eviction.  Your mother will need to serve your brother written notice (for a licensee 10 days is typically sufficient).  If he does not leave by the specified date, she can then file an "unlawful detainer action" (i.e. eviction lawsuit), If the court rules in her favor, he will then be ordered by the court to vacate the premises.  If he doesn't then the sheriff will remove him, forcibly if necessary.

In the meantime she should not undertake any "self-help" measures such as changing the locks, removing his belongings, etc. If she does she could find herself on the wrong side of a lawsuit. At this point she should contact a real estate attorney who specializes in landlord/tenant matters. They can best advise her of the correct procedure to go about all of this.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption