If my brother moved in with my elderly mother who lives in and on my property and has been there for a couple years, how I can get him out?

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If my brother moved in with my elderly mother who lives in and on my property and has been there for a couple years, how I can get him out?

He pays no rent and has been there without consent.

Asked on June 27, 2015 under Real Estate Law, Virginia

Answers:

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

Answered 5 years ago | Contributor

Since he pays no rent (and presumably no form of rent such as buying groceries, paying for utilities, etc), he is not legally a tenant. However, in most states he will be cobnsidered to be a "licensee"; that is someone who was allowed to enter the premises annd then stayed on. In any event, the process for removing him from the property is the same as if he was a tenant. Accordingly, you will need to follow legal procedures for an�eviction.�In this case probably a 10 day�"Notice to Quit"�must be given (it varies from state-to-state). If he fails to leave by the date specified in the notice, then you will need to file for an "Unlawful Detainer" action�(i.e. eviction lawsuit). If successful, the court will�issue you a "Writ of Possession". With this in hand, your brother�will then either have to vacate your home or, if he refuses to leave,�you can have the sheriff remove physically remove him.�

In the meantime don't be tempted to take any "self-help" measures such as changing the locks, removing�his belongings, etc.�If you do, he could sue you for unlawful eviction. At this point, it would be advisable for you to consult directly with an attorney who specializes in landlord-tenant cases; they can best advise on the specific procedures required under state law.

 


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