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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 4180
Experience:  30 Years of experience.
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My brother, sister-in-law and their 3 kids are living rent

Customer Question

Hi there,
My brother, sister-in-law and their 3 kids are living rent free with no written contract in my parents rental house for about 2 years now. Sister-in-law who has an addiction problem keeps invited unwanted "tenants" to live in the house as well. My parents don't want the headache and constant upheaval and would like to sell the house. What legal actions can they take to be sure the house is vacated so it can be sold? Brother is aware and supports the sale of the house and is prepared to find a temporary place to live.
Once the house is vacant, could my brother and kids move back in without allowing her and unwanted guests to move in? Or will she have rights to live there as well?
Thanks in advance for any advice.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 3 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 3 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Your parents must go through the same process to evict the people who are living in the house. They can not self evict them, they must go through the Courts. This means that they must provide the Notice required by your state's landlord tenant act. It does not matter that they are not actually tenants and do not pay rent. The law does not allow for removing them unless you go through the eviction process.

Once they are out change the locks. If they break in then you can call the police and have them removed as trespassers.

I am sorry that it is complicated, but unfortunately that is how this process works.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Customer: replied 3 months ago.
Once they are evicted, can my brother and the kids move back in without her if they are still legally married?
Expert:  Gerald-Esquire replied 3 months ago.

If your parents want to allow that Yes. BUT if your brother brings his wife back into the house your parents are back at square one.

Customer: replied 3 months ago.
On what grounds will the eviction be based on if there was no writt contract or rent paid?
Expert:  Gerald-Esquire replied 3 months ago.

The eviction is based on the facts as you describe it:

The Lodgers have overstayed their welcome. They have no written agreement to stay and do not pay rent. They have been asked to leave and refuse and have been given written notice to leave and refuse.

The Complaint can be written just that way.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)