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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33803
Experience:  Attorney for over 15 years, landlord 26 years
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I rent out a house to my mom with no lease and a month to

Customer Question

I rent out a house to my mom with no lease and a month to month basis. Long story short , my younger brother and his much older girlfriend live there. Neither of them pay the bills, they basically free load off my mom. They have basically destroyed my house. It looks like the worst episode of hoarders. You can't even use the kitchen it's so messy. And the house is over run by cats and dogs. There's got to be close to 20 cats living in and around the house. It smells bad of animal feces and urine. I've tried to get my mom to move in with me but she refuses to leave My mom has kidney disease and probably won't be around for more than a couple years. She feels she doesnt want to be a burden me but I need to get her out of the situation. Is there any way I can get my brother and his girlfriend out?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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This is kind of a tough situation because if mother is the tenant, then if she has allowed brother to live with her, then she is your tenant, but is his landlord and he is her tenant. If he is already living there, then you couldn't bar him as a trespasser because the police would just say he is a tenant that you have to get out civilly.

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So since your contractual relationship is with mother, you would have to evict her and get a judgment of eviction against her and anyone else living here (called "et al"). Then you could have the sheriff physically force mother out of the house along with brother and his girlfriend. If you just evicted brother and GF, then once they were out, mother could just allow them to move back in and this would be a recurring thing over and over again..

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You might want to proceed with the story that you wanted to go in and remodel the house and clean it up for mother so everyone has to move out so you can do the work. Then once you get them out, either willingly, or by evicting them, you clean it up and don't allow them to move back in. You could tell mom that she will either have to live with you for a while until you are done, or find another house, but you can't let the house continue to go downhill as it is now..

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thanks

Barrister

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