How to remove a family member from a house?
Question Details: My wife's father died and left her his house and all the belongings in it. However, for the last 2 years, a nephew moved in with her father and has been a caregiver for him. This nephew has a house he has been fixing up but is dragging his feet regarding moving out of my wife's house. This has been going on for 3 months. We told him 2 months ago to move out by the 1st of this month. How legally do we remove him from the house?
If this nephew has paid rent or a form of rent (i.e. pays utilities, does work around the property, etc.) , then he is now a "tenant" which means that legally he must be evicted; you'll need to file for an "unlawful detainer". If he has not paid any rent and but has been on the property with permisssion for about 2 years, then at this point, he is a "licensee" and to remove him you will need to file for an "ejectment". This is like an eviction but quicker. At this stage you may want to consult directly with a local attorney as they can best advise you further. Whatever you do, don't attempt any self-help measures such as changing the locks, removing his belongings, etc. If you do, then you can find yourself on the wrong side of a lawsuit.