My brother has been living in my mobile home in SC for a few years and about 6 months ago a woman moved in with him. He's not staying there and he's told the woman to leave but she took the keys and locked him out. He's never had to pay rent so this woman is living in my house for free and I want her out. I never told her she could live there. What can I do to get her out? HELP!!

I think you should tell her strait out. Be calm about it and reasonable. I think she will understand. That is what I would do.

Don't know if it would be considered Trespassing. She is unwelcome, not paying.

Your brother would have been a tenant, if she moved in with him, that made her a tenant ( in the most streching of the word) so you serve her a 30 day notice to move, if she does not move you file in housing court to formally evict her.

The first step is to tell her that she has no right to take possession and lock your brother out. Doing so is tantamount to stealing the home. That if she does not leave immediately you will pursue all legal avenues available to you.

If she doesn't leave, then your first stop is the police. Explain the circumstances and see if they will help remove her. There is a good possibility they won't, but its worth a try since if they will it's the easiest solution.

If they won't help, you go to your local housing court and start formal eviction proceedings.

A tenant is someone who pays rent. So far I don't see her paying anything. Therefore that makes her a trespasser living there illegally. If the brother does not live there any longer and the woman changed the locks that does not give her the "right" to live there period. You did not enter into any agreement for her to live there so she is a trespasser and/or squatter. (what nerve changing the locks)! The police should be able to escort her off your property as she is not there with your permission.

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Originally Posted by twinkiedooter

A tenant is someone who pays rent.

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Not totally accurate. A tenant can be someone who has established occupancy with the knowledge of the legal tenant or owner. This woman moved in 6 months ago, so she has established residency. We do not know whether she paid rent to the brother or not. Having established residency she is not a trespasser.

However, changing the locks and locking out the brother might be considered theft of the mobile home. So the police might help under those circumstances.