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Cliftonscove · Jun 12, 2007, 12:17 PM

Hello,
Help!
I own my mother's house.
Brother moved in after a divorce.
He keeps promising to pay rent and doesn't.
No written lease.
I want to evict him/kick him out!
What is the legal procedure?
Thanks for your time.

ScottGem · Jun 12, 2007, 12:23 PM

If he has never paid rent, then he is a trespasser and you can just kick him out. If he has paiod some rent, then he is a tenant and you have to go through the formal eviction procedure for your area.

Cliftonscove · Jun 12, 2007, 12:32 PM

Thank you Scott,
Yes, your answer helped.
No written lease.
In 15 months, brother once gave me a token $400.00.
Mortgage is $1400 (I don't live there). (I only care because elderly Mother lives there.)
All I asked for was $700 a month for a 2400 sq ft house.
Do I send a trespassing notice?
Thanks

ScottGem · Jun 12, 2007, 12:54 PM

Send him a letter telling him that he has overstayed his welcome and he needs to get out by x date (I would give him 2 weeks). If he has not vacated by that time, you will take legal steps to remove him.

Before you send this letter, check with your local police on the procedure for removing a squatter.

If he goes out (does he work?), then what I would do, is as soon as he leaves the house I would move his belongings into a storage unit and change the locks. If he doesn't leave the house, then you may have to get the police or a sheriff to remove him.

Some storage facilities will give the first month free so just give him the key and tell him he has to pay or they will toss his stuff. If his belongingsd will fit in a suitcase or two, then box them and leave them on the porch.

michealb · Jun 12, 2007, 01:21 PM

If you have taken any money from him he is a tenant. If you knew he was there and allowed him to stay he is a tenant. So basically you have a tenant without a lease, generally you have to go down to the sherif's office and find out the eviction procedures for your area in that case.

Do not lock him out of the house or do anything that is not part of the eviction process. If you do you will find yourself in trouble with the police or possibly sued and you don't want that.

Fr_Chuck · Jun 12, 2007, 07:21 PM

I will go one further, a lot will depend on the state, but since there was an agreement, to pay rent, ( even though he only paid the one 400 dollars) that agreement can be viewed in some courts as a rental agreement.

So heck he has been there 15 months, what is one more. Give him notice because he is behind in his rent, and when he still does not move, file eviction in court.

Cliftonscove · Jun 13, 2007, 06:37 AM

Thank You Scott, Michael and Chuck,
I wanted to take your suggestions and tell you my game plan.
I will send him a letter asking him to vacate because he is trespassing.
I realize he paid $400 out of $9800. Even though it is only $400, it is
"consideration."
If this does not work. I will call the sheriff's department with eviction procedure
For someone who is trespassing. Also, I will ask sheriff's department procedure
For tenant eviction.
Note: my brother is so obstinate that he would contend that there is no
Lease or promise of rent.
Note: Mother's house was paid off, brother used house as collateral and
Didn't pay mortgage. I had to legally buy house the day before sheriff's sale.
Note: Mother is elderly and upset that any of her children would be kicked
Out of her house. I have to be careful how it effects her because of her late age.
Note: NO FUN!
I just wanted to relate to you all that your time has not been wasted.
I will follow through.

ScottGem · Jun 13, 2007, 07:36 AM

Let me get this straight, your brother used the home as collateral for a loan then defaulted on it. Was his name ever on the deed? If not, what he did was CRIMINAL! It was fraud. I understand you want to protect your mother, but I would privately say to your brother that if he doesn't get out you will blow the whistle on him and he could wind up in jail.