How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Family Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

hello, my half/ brother was helping out my father while he

This answer was rated:

hello, my half/ brother was helping out my father while he was alive. I brought the house off my father and told him when my father dies he has to go. this has happened on feb 11,2013 my half/brother had someone come to me and ask if he could stay until he finds a place. I have found him five rooming houses and he turned them all down. saying that he wont have any money after that. He gave up an apartment also, he went to housing court and got a temporary restraining order so he wont have to leave the house. I came home early one day last month the first of the month and caught him smoking crack. he has never paid a bill or me rent. it's rule 65 c in mass.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

If this person doesn't have permission to live in your property, then he is a trespasser under the law and you can file civil or criminal trespassing charges against him to have him removed from the property.

A non-owner and non-tenant is considered a house guest, and can ONLY remain in a property IF the owner allows it, and as soon as the owner takes away that privilege, the person has to go it he/she will be considered a trespasser. Thus, the best and quickest way to end this is to file trespassing charges and get a court order removing him.
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

thanks, XXXXX XXXXX he has a temp restraining order from housing court

I'm sorry - I misread your post; I thought you got the TRO and he wouldn't comply

Since he has the TRO, it would likely be best to file a petition in housing court to terminate the TRO and allege that he has no right to occupy the property as he's not a tenant or an owner of the property. The housing court cannot hold your property hostage for this person to live there free of charge. Thus, the housing court may give him some time to vacate, but he should be ordered out.

If he doesn't leave after that, you could then proceed with filing criminal trespassing charges.

I would recommend that you have a local attorney review the TRO to see exactly what it says and then file the petition to terminate/quash the TRO.