Anyone know how to "evict" loafing family??? (apartment, lease, tenant)

[cb at sea]

Here's the problem. Brother had his late wife's daughter and her family living in his home. This has been going on for several years. Now, he's got a new girlfriend, and he's told the adult daughter,her husband and kids that they need to find a new home. They refuse. They don't pay rent--they've been staying for free all these years.
Does my brother have any recourse to get them to leave? I can only find info on landlord/tenet things and am not sure that will apply!

If anyone knows the legalities of this, I sure would appreciate it!

[gallowsCalibrator]

There is an easy method to which your brother can get rid of them. If he wants, he can draft up a letter and get it notarized explaining this in a nicer manner:

"One month to find a place and start moving out. After such month, the cops will be called to remove them and their belongings from the premises."

Unless they're on the lease/mortgage/etc, they have no recourse of which to get back at him. If the family is on the paperwork, then your brother is out of luck.

Just a warning: He shouldn't expect them to be too happy. He should probably also forget about civility with them for a long time.

[mdm5]

Sad story...Anyway, If he is the owner of the house, he has legal recourses to have them leave. Depending on where he lives, the laws will be quite different. If the situation is that bad, the first thing he need to do is consult the police department in order to find out what he can and cannot do legally. It is important that he finds out what the status of these people is in house: If for example they receive mail at this address under their names, even if they do not pay rent, they are considered as renter and therefore living "legally" there. He can have the police serve an eviction notice, which gives them 30 day to vacate the premises ( depending again on the local laws).
In any case if they do not receive mail at this address under their names, then I believe that they are considered as guests.
Either way, he should make a call to the police in order to know what his rights and their rights are.
Good luck to him.

[Donn2390]

There are attorneys who specialize in eviction. That is the place to check for information. It may come to him having to spend some money to get them out. I would think whatever it takes would be well worth it.

[Sum1Else]

You should look up the Statue for the Landlord Tenant laws in your state. It will state in there what the landlord must do to evict people from the premises. Keep in mind that you most likely have an implied lease of some sort with them. It would be considered verbal or implied.

Follow through on every step thoroughly and in a timely manner.

They will not be happy but that's the way it is.

[Melsky]

You have to be careful because even though they are not paying rent sometimes they are still considered tenants. It seems like he should just be able to tell them to leave and if they don't put their stuff out and change the locks, but it's possible to get in a lot of trouble this way. The best thing to do is find a lawyer or paralegal.

[ESFP]

I'm guessing that after a year, they have unauthorized permanent guests in their house which the landlord is unaware of, or he'd charge extra. Brother needs to locate receipts to prove that he pays all of the bills. If the squatters can come up with one receipt, they may be considered paying tenants. Ask the landlord about occupancy regulations. In Maryland, a father, daughter & husband, and boy and girl, would need a 4 bedroom apartment minimum (by law). Your brother has been abusing the landlord's original agreement, the apartment, and the law for years. The landlord may be charged for allowing this illegal occupancy. Your brother may be sued for excessive wear and tear. The landlord is the loser here.

[aaauger]

Your cheapest, fastest route is to file for eviction in small claims court. If an eviction order is issued, they have a certain period of time to leave or object. Even if they object, it's doubtful that they will succeed. Ex. They probably don't know about Adverse Possession and probably don't qualify. But if they object, you may want to hire an attorney who specializes in real estate.

[cb at sea]

Thanks all! He has mailed them an eviction notice (certified mail) and they refused it. He has documentation of their refusal of the letter.

My brother owns this house--he's not renting. This is his late wife's daughter and her family. The daughter was living in the home when the mother died. My brother allowed her to stay, and she eventually married and had kids, who are all there now. His grieving period (4 years--a long time) has apparently ended and he wants them to find their own place so he can sell the home. They are simply refusing to leave!

And yes--they are NOT happy with my brother, despite all the help and assistance he's given them in the past.

Thanks for all the suggestions--I'll pass them along!

[ShaneSA]

If he is selling the house, go ahead and sell it. Then they will have to leave. Unless he needs these people out to make improvements and make it saleable. If he needs them out, then file for eviction in whatever court your state or county statutes dictate. The sheriff or constable will put them out for him. Refusing a certified letter is great proof for eviction.