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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34714
Experience:  12+ yrs. of experience including real estate law.
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My cousin is living in my grandmother's house and she passed

Customer Question

My cousin is living in my grandmother's house and she passed away on September 5, 2015. He is not paying rent nor the utilities. As my grandmother has a reverse mortgage and she used all of the equity in the house, I am in the process of turning the house over to the Reverse Mortgage company. I've notified my cousin to be out of the house but he's still there. What do I have to do legally to have my cousin removed from the house.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

The law gives your cousin "tenant" status. Before you can force him to leave (with an order from the court) you must first give him notice, in writing, and a least 30 days to find a new home.

You want to keep a copy of that written notice.

Day 31? He has not yet departed? The next step is to head to the court (the county court) and file a motion with the court to remove (evict) him. The estate can file the case and wait for the court date (typically a few weeks). At the court hearing, you present a copy of the 30 day notice provided and the court will order he be evicted. You give the sheriff a copy of the court eviction order and the sheriff will remove him

Bot***** *****ne: you have to provide notice in writing and at least 30 days for him to find a new place to live

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.