Hello all. I have POA for my grandfathers affairs. I also have taken over ownership and the mortgage for his home which all my siblings grew up in. My younger brother has lived in the home for quite some time, but has never paid rent or any utilities, just taking care of our grandfather. He has always been a abuser of drugs and alcohol. There have been the usual family problems, so I have told him he has to leave because he now has to pay me rent. I want him gone and have given him a 1 week notice. Am I within my legal rights to make him leave or is this court issue. I live in Maryland. If more info is needed please advise.

excon

Hello tic.

When the law peeks into a home, it sees four categories of people: 1) owners, 2) renters, 3) houseguests, and 4) trespassers. Looks to me like he's number #4 (unless he's paid rent).

Since you have the authority to act for the owner, you may put him out and change the locks. You might even let your local cops know that you're going to be doing this and when. If you think there's going to be trouble, ask them to be there.

You might inform your brother of your intentions, and ask him to move before he's put out. Or, you might not.

excon

PS> I am curious about your use of the phrase “I have taken over ownership and the mortgage….”. If what you mean is that you are making payments on your grandfathers mortgage with his money, that’s cool. Anything else, isn’t cool, and it could effect your brother’s defense. What do you mean?