Evicting deadbeat family member
Question Details: My deadbeat brother has been living with me for 2 years now, and I'm fed up with it. I am the homeowner and has ask him to move out, but he won't. Do i have to lawfully evict him or can I just call the cops to forcefully remove him from my property. I also gave him a 2 weeks notice to move out.
If he doesn't pay rent or utilities(doesn't sound as though he does) he won't be considered to be a tenant. However in that case, he will probably be considered to be a "licensee"; that is someone who entered and remained on the premises with permission. Now that such permission has been revoked the lawful way to remove him from the premises is to serve him with a notice to vacate (under these circumstances in some states this notice can be for as little as 3 days, in others for as much as 30 days). If he fails to leave at the end of that time you will have to go through the requisite procedures for eviction in your state.
At this stage the police will be most probably refuse to get involved. Once the court enters an order for the tenant to vacate the property it will be enforced by the sheriff, using physical force if necessary.
What you need to do now is to speak with an attorney in your area. They will advise you on the correct procedures for all of this. If you fail to comply with these procedures you could find yourself on the receiving end of a lawsuit for unlawful eviction.
Note: Do not use "self-help" here; that is changing lock, removing his possessions, etc.