My mother and step dad got a divorce like 5 years ago, almost 3 years ago he got laid off had no where to go and out of the kindness of my mom's heart she let him stay in the spare bedroom. It was first known that it was only temporary until he could get back on his feet. Its been two years and she had enough she gave him a 30 day eviction notice, it has been 28 days since that. But it doesn't look like he is going to leave, he has nothing packed and is still mooching off anything he can. If by the 30 days he is not gone what do we do?

She goes down to the court house and will file for a formal eviction at the court. They will serve him formal eviction notice, there will be a court hearing, and he will be given a date he has to be out by. If he is not out by that date, a court officers comes over and escorts him off the property and stands there while you have someone set all of his belongings to the curb.

What she gave him was not an eviction notice (that can only be issued by a court) but a vacate notice. This is the correct first step in an eviction. The next step is to file in court the day after the vacate notice expires for an eviction order. This will involve a hearing, but an order should be issued. If he still refuses to leave you will have to hire a sheriff to physically remove him and his belongings.

I am going to take a wild stab at this and question if she gave him a leal version of a 30 day notice. I would need you to tell us where she lives and with what instrument she gave this notice.