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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37081
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My brother in law lives on our Property past 33years

Customer Question

My brother in law lives on our Property for the past 33years no rent etc. has been asked of him. We have asked him to move off our property a he hasn't made a move to do so. What steps do we have to go through to accomplish this... Can we file a civil suit and if so, what are the steps to do this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Yes, there is a way to legally force your brother in law off of your property but to do this you will have to file suit in court.
Despite the fact that he may pay no rent, he is a legal tenant of the property.
While you are not operating a mobile home park and therefore do not have to abide by the strict rules of the parks, you still must give him a 30 Day written Notice of Termination of Tenancy. After that, you may want an attorney to file suit against him in the local county court for Complaint in Unlawful Detainer and seek a court order ordering him off of your property. If he still will not move then, a Sheriff will physically force him off your land.
Even if he cannot immediately move his unit, he can still be forced off your property until he complies with the county tax laws and is granted the right to move the unit.
Your local landlord-tenant attorney can have your brother in law off of your property in about two months and the cost should be about $1,000 for the legal process.
If you want to try to do the eviction yourself, you can try but do know that it can be a bit complicated. Here is a link to a site where you can get the forms for the eviction.
http://www.landlordguidance.com/eviction-notice-forms/new-mexico-eviction/
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug