What are my options if my sister is refusing to move out by the agreed date?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options if my sister is refusing to move out by the agreed date?

I allowed my sister to move in 4 months ago until she could get back on her feet. She said she would be out by the first of next month. I had her sign a paper saying that she would be out by then but now it’s a week away and she has been lying about turning in rental applications. She has been diagnosed schizophrenic and her episodes have become extremely bizarre and totally off topic every time I confront her about it. I have a child in the house and I am freaking out here. I never gave her an eviction notice as this was a predetermined date in writing. Am I screwed here?

Asked on February 23, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In theory, if she is not a tenant (she is not paying rent in exchange for residence, whether directly or indirectly, such as by doing work for you or paying some costs), she is a guest, not a tenant. As a guest, you can ask her to leave at any time; if she does not, she will then be a trespasser and you can have the police help remove her. Given that matters seem to be urgent--bizarre behavior, and you have a child in the house--you may wish to do do this: ask her to leave, and if she does not, contact the police.

Note that it is not impossible the police will refuse to get involved, though they should; they often conclude, especially if the person involved maintains or claims that she has some right to stay there (e.g that it's her house, too; that she does pay rent; etc.) that the courts have to sort matters out. In that case, you would likely have to bring either an eviction or ejectment action. Rather than do such yourself, if it comes to that, have an attorney help you. The attorney can also help you explore other options, such as getting a protective order; or even seeking to have your sister civilly committed, for her protection as well as your own.


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 with SHA-256 Encryption